Sterling Catering Service Pty Ltd (Migration)

This matter concerned an application by Sterling Catering Service Pty Ltd for approval of a nomination for a Subclass 407 (Training) visa. The applicant sought to nominate a position of Restaurant Manager. The Administrative Appeals Tribunal was required to determine whether the applicant met the criteria for approval of the nomination under section 140GB(2) of the Act and regulation 2.72A of the Migration Regulations 1994.

The legal issues before the Tribunal were whether the nominated program constituted a genuine training opportunity and whether the applicant had met the requirements for the nomination to be approved. Specifically, the Tribunal considered the adequacy of the provided Occupational Training Plan, the circumstances surrounding its development and intended delivery, and whether the nominee's role and proposed training aligned with the purpose of the Subclass 407 visa. The Tribunal also examined evidence relating to the nominee's employment, salary, and English language proficiency.

The Tribunal affirmed the decision to refuse the nomination. It found that the provided Occupational Training Plan was limited and that the circumstances surrounding its intended delivery, including the unavailability of the initially proposed trainer and the difficulties with an alternative training provider, raised concerns about the genuineness of the training opportunity. The Tribunal was not satisfied that the nominated program was offered as a genuine training opportunity as required by the regulations. The Tribunal also noted that the nominee's role and proposed training did not clearly align with the requirements for a Restaurant Manager position under the training visa program.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination.