Spiecapag Australia Pty Limited (Migration)

This matter concerned an application by Spiecapag Australia Pty Limited for approval of a nominated position under the Temporary Residence Transition nomination stream. The applicant sought to nominate a Finance Manager. The Tribunal was required to determine whether the applicant met the requirements for approval of the nomination as set out in regulation 5.19(3) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether Spiecapag Australia Pty Limited had satisfied the training benchmark requirements under regulation 5.19(3)(f). The Tribunal also considered information provided by the applicant in response to invitations issued under sections 359(2) and 359AA of the Migration Act 1958, including details of training expenditure, payroll, and the nominee's employment history.

The Tribunal reasoned that while the applicant had provided some financial and employment information, it had not initially provided sufficient detail regarding its training commitments. Specifically, the Tribunal noted a lack of clarity regarding whether the training provided was referable to Australian citizens and permanent residents, and whether external providers were engaged for the training of Australian employees. The Tribunal also considered the definition of "payroll" for the purposes of calculating training contributions as outlined in PAM3. After considering the information provided in response to the s.359AA invitation, the Tribunal was satisfied that the applicant met the requirements of regulation 5.19 for the approval of the nomination.

The Tribunal set aside the original decision under review and substituted a decision approving the nomination.