Ghazi Al Ali Architect Pty Ltd (Migration)

This matter concerned an application by Ghazi Al Ali Architect Pty Ltd for the approval of a nomination of a position under the Temporary Residence Transition stream. The applicant sought to nominate an individual for a permanent visa. The core of the dispute revolved around whether the applicant had met its training obligations as a standard business sponsor.

The legal issues before the court were whether the applicant had fulfilled its training requirements as stipulated by the Migration Regulations 1994, specifically in relation to Regulation 5.19(3)(f). This involved determining the relevant period for assessing these obligations and whether the applicant's actions during that period constituted compliance with the legislative requirements concerning training benchmarks for Australian citizens and permanent residents.

The court reasoned that the applicant's most recent approval as a standard business sponsor was from 29 May 2020 to 29 May 2025. Crucially, the obligation to meet the 1.0% training benchmark, as it applied to the applicant's previous sponsorship period, had ended on 12 August 2018. Therefore, the applicant was not obligated to meet these specific training commitments in every year of its current sponsorship. The court found that the applicant had no ongoing obligations under Division 2.19 for the period of its most recent approval, as the relevant legislative changes meant the obligation had ceased. In the alternative, the court considered that the applicant had complied with applicable obligations during its previous approval period.

The Tribunal set aside the decision under review and substituted a decision approving the nomination.