Italian Enterprises Pty Ltd (Migration)

The Administrative Appeals Tribunal, constituted by Antonio Dronjic, considered an application by Italian Enterprises Pty Ltd for approval of a nomination for a Subclass 407 (Training) visa. The dispute concerned whether the applicant met the criteria for approval of the nomination, specifically in relation to the sponsor's obligations and the genuineness of the proposed training program.

The Tribunal was required to determine two primary legal issues. Firstly, whether the sponsor satisfied the requirements of regulation 2.72A(13) of the Migration Regulations 1994, which mandates that the Minister be satisfied the sponsor does not engage in, or intend to engage in, activities that would adversely affect employment or training opportunities for Australians. Secondly, the Tribunal had to assess whether the nominated training program met the criteria under regulation 2.72A(16) as a genuine training opportunity.

In its reasoning, the Tribunal noted that it had requested updated and current information from the applicant on 30 September 2021, pursuant to section 359(2) of the Migration Act 1958, to demonstrate compliance with regulation 2.72A(13). As the applicant failed to respond to this invitation, the Tribunal lacked contemporary evidence to be satisfied that the sponsor's activities would not have adverse consequences for Australian employment or training. Furthermore, regarding the genuineness of the training program, the Tribunal observed that the proposed training period had already expired and that the applicant had not provided any updated information about the program's current status, its impact on the nominee's continued employment, or any modifications to the original proposal. Consequently, the Tribunal was not satisfied that the nominated program constituted a genuine training opportunity.

For these reasons, the Tribunal affirmed the decision under review to refuse the nomination.