Gowanbrae Foods Pty Ltd (Migration)

This matter concerned an appeal by Gowanbrae Foods Pty Ltd against a decision to refuse the nomination of a position under the Temporary Residence Transition stream of the Temporary Business Entry (Class UC) visa. The Tribunal, presided over by Antonio Dronjic, was required to determine whether the nominating business had met the relevant legislative requirements for the approval of the nominated position.

The primary legal issues before the Tribunal were whether the nominating business had satisfied the financial capacity to provide employment and whether it had met its training requirements. Specifically, the Tribunal examined evidence relating to the employment of Mr Rocco Pronesti, the proposed manager, and the nature and substantiation of training provided by an external consultant. The Tribunal also considered the provisions of regulation 5.19 of the Migration Regulations 1994, which govern the approval of nominated positions.

The Tribunal found that the evidence presented regarding the training provided was unsatisfactory. The consultant's invoices contained discrepancies, and the witness's explanations for these discrepancies, including the timing and quantity of training hours, were inconsistent and lacked credibility. The consultant admitted to providing "ball park figures" and not providing receipts to the business owner, raising doubts about the genuine provision and recording of training. Consequently, the Tribunal was not satisfied that the nominating business had met its training obligations as required by regulation 5.19(3)(f).

As the Tribunal was not satisfied that the applicant met the requirements of regulation 5.19(3), and the applicant had not sought to satisfy the criteria for the Direct Entry nomination stream, the nomination of the position could not be approved. Accordingly, the Tribunal affirmed the decision under review to refuse the nomination.