Suntech Solar Pty Ltd (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Suntech Solar Pty Ltd (the applicant) to review a decision to refuse its nomination of Mr Mantovani for a Subclass 407 (Training) visa. The core of the dispute was whether the applicant's proposed training program for Mr Mantovani constituted a genuine training opportunity as required by the Migration Regulations 1994.

The Tribunal was required to determine if the nominated program met the criteria for approval under regulation 2.72A and, specifically, if it was offered as a genuine training opportunity for a purpose referred to in regulation 2.72B. The delegate's original refusal was based on the assessment that the proposed training plan was not uniquely tailored to enhance Mr Mantovani's skills as an Electronic Instrument Trades Worker (General) and appeared to be a means of securing work rather than a genuine training initiative.

In its reasoning, the Tribunal noted that regulation 2.72A(16) mandates that the nominated program be offered as a genuine training opportunity. It specifically examined regulation 2.72B(3), which applies to occupational training designed to enhance a nominee's skills. The Tribunal found that the applicant had not provided any updated or current information in response to a request for further evidence, despite the nomination being lodged over three years prior. Without current information regarding the training program or the company's business, and lacking details on Mr Mantovani's duties or experience since the nomination, the Tribunal was not satisfied that the program was a structured workplace training program specifically tailored to Mr Mantovani's current training needs and of an appropriate duration.

Consequently, the Tribunal affirmed the delegate's decision to refuse the nomination, finding that the applicant had not satisfied the requirements of regulation 2.72A of the Migration Regulations 1994.