Insta-gator Pty Ltd (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Insta-gator Pty Ltd for approval of a nomination of a position under the Temporary Residence Transition stream. The dispute centred on whether the applicant had met the training requirements stipulated in regulation 5.19(3)(f) of the Migration Regulations 1994. The AAT, presided over by Member Phoebe Dunn, was tasked with determining if the applicant had fulfilled its training commitments and complied with applicable obligations during its most recent sponsorship period, and if it was reasonable to disregard any non-compliance.

The primary legal issue before the Tribunal was whether Insta-gator Pty Ltd had satisfied the training benchmark requirements under regulation 5.19(3)(f). This regulation mandates that a nominator must have fulfilled commitments and complied with obligations relating to training requirements during their most recent standard business sponsorship approval. The Tribunal also had to consider whether it was reasonable to disregard any such non-compliance. The applicant's most recent sponsorship was approved on 3 May 2016 for a period of five years, ending on 3 May 2021.

The Tribunal reasoned that the applicant had failed to provide updated information in response to the Tribunal's invitation dated 21 January 2021, which specifically requested details regarding all requirements under regulation 5.19(3), including training obligations. As the applicant did not respond, the Tribunal was unable to be satisfied that the applicant met the criteria at the time of the decision. The delegate had previously refused the nomination on the grounds of insufficient evidence to substantiate compliance with training benchmark commitments and obligations, and that it was not reasonable to disregard these requirements. The Tribunal affirmed this decision, concluding that the applicant had not met the necessary requirements for the nomination to be approved.