Sydney Skydivers Pty Ltd (Migration)

Sydney Skydivers Pty Ltd (Migration) concerned an application for approval of a nomination of a program of occupational training. The applicant, Sydney Skydivers Pty Ltd, sought to nominate an individual for a position as an "Other Sports Coach or Instructor." The delegate had previously refused to approve the nomination. The matter came before the Administrative Appeals Tribunal for review.

The Tribunal was required to determine whether the nominated program constituted a genuine training opportunity and whether the applicant possessed at least 12 months of full-time relevant experience in the nominated occupation. These determinations were crucial for satisfying the prescribed criteria for the approval of a nomination of a program of occupational training.

Senior Member Michael Cooke found that the new evidence presented to the Tribunal contradicted the delegate's previous findings. The Tribunal was satisfied that the nomination application met the prescribed criteria. Consequently, the Tribunal set aside the decision under review and remitted the application for reconsideration with a direction that the applicant meets the criteria under subregulation 2.72B(3) and subregulation 2.72A(16).