Robelli Pty Ltd, Trustee for The Bonaddio Family Trust (Migration)

The Administrative Appeals Tribunal reviewed a decision to refuse the nomination of an occupational training program by Robelli Pty Ltd, Trustee for The Bonaddio Family Trust, in relation to a Subclass 407 (Training) visa nominee. The core of the dispute concerned whether the applicant met the criteria for approval of the nomination under the Migration Regulations 1994.

The Tribunal was required to determine if the nominated program met the requirements of regulation 2.72A(5), specifically whether the nominee would participate in the nominated program, and regulation 2.72A(16), which mandates that the nominated program be offered as a genuine training opportunity. These determinations were crucial for the overall approval of the nomination.

The Tribunal affirmed the decision to refuse the nomination, finding that the applicant had failed to satisfy the requirements of regulation 2.72A(5) and (16). This conclusion was primarily based on the applicant's failure to respond to the Tribunal's invitation for further information under section 359(2) of the Migration Act 1958. This lack of contemporary information meant the Tribunal could not be satisfied regarding the nominee's current or future engagement, the financial viability of the applicant's business, or the current scale of its organisation, thus preventing satisfaction of the participation requirement. Furthermore, the absence of updated evidence meant the Tribunal could not be satisfied that the nominated program was genuinely offered as a training opportunity.