Orana Garden Ltd (Migration)

This matter concerned an application by Orana Garden Ltd (formerly Dubbo RSL Aged Care Association Pty Ltd) for approval of a nomination for an Occupational Trainee Stream position as a Diversional Therapist. The nominee, Ms Nyasha Chitsunge, was a citizen of Zimbabwe. The Administrative Appeals Tribunal (AAT) was required to review the delegate's decision to refuse the nomination.

The primary legal issue before the Tribunal was whether the nominated occupational training met the requirements of the Migration Regulations 1994, specifically Regulation 2.72I(5), which pertains to occupational training to enhance skills. This involved determining if the proposed training constituted a structured workplace training program, was tailored to the nominee's needs, and if the nominee possessed the requisite prior full-time experience in the occupation.

The Tribunal reasoned that the proposed training, which was primarily conducted in the workplace by a regional aged care provider, constituted a structured workplace training program. It found that the training plan was specifically tailored to the nominee's needs and that the nominee had the equivalent of at least 12 months of full-time experience in the occupation within the preceding 24 months. The Tribunal noted that the purpose of the Occupational Trainee stream is to provide workplace-based training opportunities, not primarily for work or study, and that any qualification gained is incidental to the work experience program.

Consequently, the Tribunal set aside the delegate's decision not to approve the nomination and substituted a decision approving the nomination.