Toni & Guy Parramatta (No 2) Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a nomination for a Subclass 407 (Training) visa. The applicant, Toni & Guy Parramatta (No 2) Pty Ltd, sought approval for a nomination to provide occupational training to Jiha Kim, a nominee with a Certificate III in Hairdressing and approximately six years of relevant experience. The proposed training was an on-the-job program designed to enhance Ms. Kim's skills within Toni & Guy's "Moving Up" system, aiming to progress her towards an "Artistic Director" level.

The primary legal issue before the Tribunal was whether the nominated program met the criteria for approval under regulations 2.72A and 2.72B of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the training constituted a structured workplace training program, was tailored to the nominee's needs, and if the nominee possessed the requisite experience for such a program, as stipulated by regulation 2.72B(3). The Tribunal also considered whether the nominee had functional English skills, as required by regulation 2.72A(14).

The Tribunal reasoned that the provided documentation, including details of the "Vardering" program and the "Structured Training Program – Fast Track to Artistic Director," demonstrated that the proposed training was a structured workplace program. It was tailored to enhance the nominee's skills beyond her existing Certificate III qualification and her experience as a technician, aiming to equip her for more senior roles within the salon. The Tribunal was satisfied that the nominee had the equivalent of at least 12 months of full-time experience in the relevant occupation within the preceding 24 months, fulfilling the requirement of regulation 2.72B(3)(c). Furthermore, the Tribunal found that the nominee possessed functional English skills.

Consequently, the Tribunal set aside the original decision not to approve the nomination and substituted a decision approving the nomination.