Gyro Australia Pty Ltd (Migration)

This matter concerned an application by Gyro Australia Pty Ltd for approval of a nomination for a Subclass 407 (Training) visa. The Administrative Appeals Tribunal was required to determine whether the applicant met the criteria for approval of the nomination under regulations 2.72A and 2.72B of the Migration Regulations 1994.

The primary legal issues before the Tribunal were whether the nominee would participate in the nominated program, as required by reg 2.72A(5), and whether the nominated program satisfied the requirements of reg 2.72B, specifically reg 2.72B(3), for the purpose of occupational training, as mandated by reg 2.72A(15). Additionally, the Tribunal had to be satisfied that the nominated program was offered as a genuine training opportunity under reg 2.72A(16).

The Tribunal affirmed the decision to refuse the nomination, finding that the applicant had failed to provide requested information within the prescribed period. This lack of contemporary information meant the Tribunal could not be satisfied that the nominee would participate in the nominated program or that the program was specifically tailored to the nominee's training needs and of an appropriate duration. Consequently, the Tribunal was not satisfied that the requirements of reg 2.72A(5), reg 2.72B(3)(a), and reg 2.72A(15) were met, nor that the program constituted a genuine training opportunity under reg 2.72A(16).