Hunter Investments Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a nomination for a Subclass 407 Training Visa. The applicant, Hunter Investments Pty Ltd, sought approval of its nomination for a Locksmith (ANZSCO Code: 323313) under regulation 2.72A of the Migration Regulations 1994. The core dispute revolved around whether the nominated program constituted a genuine training opportunity and if the applicant met all the stipulated criteria for sponsorship and nomination approval.

The Tribunal was required to determine if Hunter Investments Pty Ltd, as a temporary activities sponsor, had met the requirements of regulation 2.72A. This involved assessing whether the nomination was made in accordance with regulation 2.73A, whether the nominee would participate in the nominated program, and if the sponsor had provided all necessary information regarding employers and the location of work. Crucially, the Tribunal had to be satisfied that the nominated program was a genuine training opportunity and that there was no adverse information known to Immigration that could not be disregarded, nor any adverse consequences for Australian employment or training opportunities.

In its reasoning, the Tribunal found that Hunter Investments Pty Ltd was an approved temporary activities sponsor and had made the nomination in the prescribed manner. It was satisfied that the nominee possessed a Certificate III in Locksmithing and would undertake further formal training in CCTV and Alarm Installations and Maintenance, as detailed in an in-house training plan. This training was to be supervised and assessed by a qualified tradesman, Roman Schmidt, ensuring a comprehensive and structured learning experience. The Tribunal concluded that the nominated program represented a genuine training opportunity, and no adverse information or negative consequences for Australian workers were identified.

Consequently, the Tribunal set aside the original decision not to approve the nomination and substituted a decision approving the nomination. The Minister was to reconsider the application for a Subclass 407 Training Visa for a period of two years to allow for the completion of the proposed training.