The Trustee for iRock Finishes Trust (Migration)

The Administrative Appeals Tribunal considered a decision concerning the approval of a nomination for a Subclass 407 (Training) visa. The applicant, The Trustee for iRock Finishes Trust, sought to nominate an individual for training as a ‘Wall and Floor Tiler’ to enhance their skills. The delegate had refused the nomination, and the Tribunal was tasked with reviewing this decision.

The central legal issue before the Tribunal was whether the applicant had satisfied the requirements of regulations 2.72A and 2.72B of the Migration Regulations 1994, specifically concerning the proposed occupational training. The Tribunal had to determine if the training program was a structured workplace training program, specifically tailored to the nominee's needs, and of a duration that met those needs.

The Tribunal's reasoning focused on the lack of evidence provided by the applicant to demonstrate compliance with the regulatory requirements. Despite invitations from the Tribunal to provide updated and current information, the applicant failed to respond. Consequently, the Tribunal had no information before it regarding the specifics of the proposed structured training program, the nominee's continued employment, or how any extended employment period might impact the training plan. The Tribunal applied the principles outlined in regulation 2.72B(3), which mandates that occupational training must be structured, tailored, and of an appropriate duration, and found that these criteria could not be met due to the absence of supporting evidence.

Ultimately, the Tribunal affirmed the delegate's decision not to approve the nomination. The Tribunal concluded that it was not satisfied that the applicant had met the applicable criteria for the nomination to be approved.