FIXTEAM PTY LTD (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a nomination under the Temporary Residence Transition stream. The applicant, FIXTEAM PTY LTD, a plastering business, sought approval of its nomination for Shane Collins, who held a Subclass 457 visa sponsored by FIXTEAM. The delegate had refused to approve the nomination, finding that the applicant had not provided sufficient evidence of fulfilling its training commitments during its most recent approval as a standard business sponsor.

The primary legal issue before the Tribunal was whether FIXTEAM Pty Ltd had met the requirements for approval of the nomination under regulation 5.19(3) of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant had provided adequate evidence of fulfilling its training obligations as a standard business sponsor during the period of its most recent approval, from 23 August 2012 to 23 August 2015.

The Tribunal considered the evidence presented, including receipts for training expenditure in April 2014 and April 2017, and the employment of an apprentice. It was noted that the applicant’s representative provided further documentation demonstrating that expenditure on training was at least 1% of payroll expenditure. The Tribunal found that this evidence satisfied the requirements of regulation 5.19(3)(f)(i), which pertains to the nominator fulfilling commitments relating to training requirements.

Consequently, the Tribunal set aside the delegate's decision and substituted a decision approving the nomination.