JWJL Investments Pty Ltd ATF JWJL Investment Unit Trust (Migration)

The Administrative Appeals Tribunal considered a decision by the Department of Immigration to refuse a nomination under the Temporary Residence Transition stream. The applicant, JWJL Investments Pty Ltd ATF JWJL Investment Unit Trust, sought to have a nomination approved. The core of the dispute concerned whether the nominating business had met its training commitments and obligations during the period of its most recent sponsorship approval, as required by regulation 5.19(3)(f) of the Migration Regulations 1994.

The Tribunal was required to determine if the nominating business had satisfied either Training Benchmark A or Training Benchmark B, as outlined in Instrument IMMI 13/030. Training Benchmark A requires a contribution of at least 2% of payroll to an industry training fund, while Training Benchmark B requires spending at least 1% of payroll on employee training. The Tribunal also had to consider the evidence provided by the applicant, including financial reports and business activity statements, to assess the accuracy of the claimed training expenditure.

The Tribunal found that no evidence was presented to satisfy Training Benchmark A. Regarding Training Benchmark B, while a revised profit and loss statement showed expenditure on "Staff Training & Welfare," the Tribunal noted discrepancies between the figures presented in the financial report and those disclosed in the business activity statements for the year ended 30 June 2016, particularly concerning wages. The Tribunal concluded that the provided evidence did not sufficiently demonstrate compliance with the training expenditure requirements.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination, finding that the applicant had not met the requirements of regulation 5.19(3).