Majestic International Travel Service Pty Ltd (Migration)

This matter concerned an application by Majestic International Travel Service Pty Ltd for approval of a nomination for a Subclass 407 (Training) visa. The applicant sought to nominate a Sales and Marketing Manager for a training program. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the criteria for approval of the nomination under section 140GB(2) of the Migration Act 1958 and regulation 2.72A of the Migration Regulations 1994.

The central legal issue before the Tribunal was whether the nominated training program satisfied the requirements of regulation 2.72B(3), specifically concerning the structure, content, and duration of the program, and whether it was tailored to the nominee's specific training needs. This was contingent on the applicant providing updated and current information demonstrating compliance with these criteria, as requested by the Tribunal.

The Tribunal's reasoning focused on the applicant's failure to respond to a request for further information dated 5 July 2022. This request specifically sought details regarding the training program's structure, content, and duration, and how these elements met the nominee's specific training requirements, as mandated by regulation 2.72B(3)(a). As the applicant did not provide this information, nor any other evidence to satisfy these sub-requirements, the Tribunal was not satisfied that regulation 2.72B(3)(a) was met. Consequently, regulation 2.72A(15) was also not met, leading the Tribunal to conclude that the applicant did not satisfy the applicable requirements for approval of the nomination.

The Tribunal affirmed the decision under review to refuse the nomination.