Reality Accountants Pty Ltd (Migration)

The Administrative Appeals Tribunal (C. Packer) considered a decision to refuse the nomination of a potential Subclass 407 (Training) visa holder by Reality Accountants Pty Ltd. The core dispute revolved around whether the nominated occupational training program met the requirements of the Migration Regulations 1994, specifically concerning its genuineness and suitability as a training opportunity.

The Tribunal was required to determine if the applicant, Reality Accountants Pty Ltd, satisfied the criteria for approval of the nomination under section 140GB(2) of the Act, read with regulation 2.72A. This involved assessing whether the nominated program met the conditions outlined in regulation 2.72B, particularly regulation 2.72B(3), which pertains to occupational training designed to enhance a nominee's skills. Key questions included whether the training was structured, tailored to the nominee's needs, of appropriate duration, in a specified occupation, and whether the nominee possessed the requisite prior experience.

The Tribunal's reasoning focused on the applicant's failure to provide sufficient and current information to satisfy the regulatory requirements. Despite being invited to provide updated details, the applicant submitted a training plan that was largely a copy of one from 2019, with only a minor alteration to the location. Crucially, there was no evidence demonstrating the nominee's employment status, current skill level, or training needs since mid-2019, nor any indication that the applicant genuinely intended to provide the training as proposed. The Tribunal applied the principles that a nominated program must be a genuine training opportunity and that the applicant bears the onus of providing satisfactory evidence to meet the criteria.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination. The applicant failed to demonstrate that the nominated program was a genuine training opportunity for the purpose of enhancing the nominee's skills, as required by the regulations.