Veludo Bar Pty Ltd (Migration)

This matter concerned an application by Veludo Bar Pty Ltd for approval of a nomination for a Subclass 407 (Training) visa. The core dispute revolved around whether the nominee, Mr Adam Wilson, met the criteria for participation in the nominated program, specifically in relation to his prior work experience. The decision was made by Vanessa Plain, a Member of the Tribunal.

The legal issues before the Tribunal were whether Veludo Bar Pty Ltd, as the nominator, met the requirements of regulation 2.72A of the Migration Regulations 1994, and consequently, whether the nomination itself should be approved. This involved assessing if Veludo was an approved temporary activities sponsor, if the nomination was made in accordance with the regulations, and crucially, if the nominee would participate in the nominated program.

The Tribunal reasoned that Veludo was an approved temporary activities sponsor and had made the nomination correctly. Regarding the nominee's participation, the Tribunal considered evidence from Mr Follacchio, the director of Veludo, who detailed a comprehensive training plan for Mr Wilson to become a proficient restaurant manager. This plan was tailored to Mr Wilson's existing experience as a restaurant supervisor and included training in financial management for new business premises. The Tribunal accepted that Mr Wilson's prior full-time experience, gained within the 24 months prior to the nomination, remained compatible with the nominated program of occupational training, despite interruptions due to COVID-19 lockdowns.

Consequently, the Tribunal was satisfied that Veludo Bar Pty Ltd met the applicable requirements for approval of the nomination. The decision under review, which had not approved the nomination, was set aside and substituted with a decision approving the nomination.