TRANSOCEAN PACIFIC INVESTMENT PTY LTD (Migration)

This matter concerned an application by Transocean Pacific Investment Pty Ltd for approval of a nomination for the position of Accountant (General) under the Temporary Residence Transition stream. The delegate had refused the application, finding that the nominator had not met the training benchmark requirement. The Tribunal was required to determine whether the applicant met all the requirements for approval of the nomination under regulation 5.19(3) of the Migration Regulations 1994.

The Tribunal considered whether the application was made in the approved form, accompanied by the prescribed fee, and included the required certification regarding conduct contravening section 245AR(1). It also examined whether the nominator was, or had been, the relevant standard business sponsor actively and lawfully operating a business in Australia, and whether the nominee had the requisite previous employment history. Crucially, the Tribunal assessed whether the nominator had met its training requirements, or if it was reasonable to disregard this requirement.

The Tribunal found that the application met the formal requirements, that the nominator was an actively and lawfully operating business in Australia, and that the nominee satisfied the employment criteria. Regarding the training benchmark, the Tribunal noted that if two additional training expenditure items, though outside the specified period, were included, the applicant would meet the requirement. The Tribunal concluded that it was reasonable to disregard the strict temporal limitation on the training expenditure in these circumstances.

Consequently, the Tribunal set aside the delegate's decision and substituted a decision approving the nomination.