K and S Food Services Pty Ltd (Migration)

This matter concerned an application for review of a decision to refuse the approval of a nomination for a Subclass 407 (Training) visa. The applicant, K and S Food Services Pty Ltd, sought approval of a nomination for an occupational training position. The review was heard by Sheridan Lee.

The primary legal issue before the Tribunal was whether the applicant met the criteria for approval of the nomination as set out in regulation 2.72A of the Migration Regulations 1994. This involved assessing whether the nominator was a temporary activities sponsor, whether the nomination application was compliant, whether the nominee would participate in the nominated program, and whether details regarding proposed employers and locations of work were provided. The Tribunal also considered requirements relating to secondary visa holders and certification regarding payment for visa conduct, as well as the absence of adverse information.

The Tribunal found that K and S Food Services was an approved temporary activities sponsor and that the nomination application was made in accordance with the relevant regulations and on the approved form. Evidence was provided that the nominee would commence the training program upon approval of the nomination and visa. The Tribunal was satisfied that the necessary details regarding the proposed employer and work location were provided, and that there were no secondary visa holders to consider. Furthermore, the applicant had certified compliance with regulations concerning payment for visa conduct, and no adverse information was known or was reasonable to disregard.

Consequently, the Tribunal was satisfied that the applicant met all the requirements of regulation 2.72A for the approval of the nomination. The decision under review was set aside, and a new decision was substituted approving the nomination.