SJD Property Group Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning SJD Property Group Pty Ltd's application for approval of a nomination for a Group General Manager position under the Direct Entry stream. The original decision by the Department had refused to approve the nomination, finding that the nominator had not met the required training benchmarks. SJD Property Group operates in property development and is part of a group of companies wholly owned by Mr Jiandong Shi, who is the father of the nominated person.

The primary legal issue before the Tribunal was whether SJD Property Group Pty Ltd satisfied the requirements of regulation 5.19(4) of the Migration Regulations 1994, specifically concerning the training benchmarks for the Direct Entry nomination stream. The delegate had determined that the evidence provided, an invoice and payment receipt for training services, was insufficient to demonstrate that the nominator had met Training Benchmark B, which requires expenditure of at least 1% of payroll on training an Australian employee. This was due to a lack of clarity regarding the timing, nature, and recipient of the training, and whether the recipient was an Australian citizen or permanent resident.

The Tribunal considered additional information provided on review, including training materials and a passport for Jiannan Zhao (Allen Zhao), identified as the Finance Manager who attended the training. The Tribunal found that the invoice clearly indicated the training was a "VIP Package" comprising specific courses, and that the organisation chart provided confirmed Allen Zhao's position and status. Crucially, the Tribunal was satisfied that the nominator met the other requirements of regulation 5.19(4), including operating a lawful business, the terms and conditions of employment being no less favourable than for an Australian worker, and having no adverse information known to Immigration. The Tribunal concluded that the nominator had met the specified training requirements.

Consequently, the Tribunal set aside the delegate's decision and substituted a decision approving the nomination.