Ozindo Group Pty Ltd (Migration)

The Administrative Appeals Tribunal considered an application by Ozindo Group Pty Ltd for approval of a nomination for a Subclass 407 (Training) visa. The nomination proposed a structured training program for Mr Javier Jose Pacheco Royeth, an applicant for the occupation of chef, with the stated objective of enhancing his existing skills. The delegate had previously refused to approve the nomination, a decision that Ozindo Group Pty Ltd sought to have reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether the nominated training program met the requirements of regulations 2.72A and 2.72B of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the proposed training opportunity was genuine and if it was structured to sufficiently enhance the nominee's skills, consistent with the requirements for a Subclass 407 visa. This involved assessing whether the training plan adequately addressed the nominee's existing skill set and demonstrated a clear progression in difficulty and complexity over the proposed training period.

The Tribunal reasoned that for a training program to be considered genuine and effective under the regulations, it must be structured to demonstrably increase the nominee's skill level. This requires the duration and content of the training, including both practical and theoretical components, to align with the skill level described in the Australian and New Zealand Standard Classification of Occupations for the nominated occupation. The Tribunal noted that while policy guidelines, such as those in PAM3, could offer guidance, they were not binding and could not override the explicit wording of the legislation. In this instance, the Tribunal was not satisfied that the proposed training plan, as presented, met the criteria for enhancing the nominee's skills to the required standard.

Consequently, the Tribunal affirmed the delegate's decision not to approve the nomination.