WBHO Infrastructure Pty Ltd (Migration)

This matter concerned an appeal by WBHO Infrastructure Pty Ltd against a decision to refuse its nomination of Mr Van Der Westhuizen, a 'Surveyor Graduate', for a Subclass 407 (Training) visa. The dispute centred on whether the proposed occupational training program met the requirements of the Migration Regulations 1994, specifically Regulation 2.72B. The Tribunal was required to determine if the applicant had satisfied the criteria for approval of the nomination, which included providing sufficient information to justify the need for further training and demonstrating how the nominee's skills would be enhanced.

The legal issues before the Tribunal were whether the proposed occupational training program was specifically tailored to the nominee's training needs, and whether the applicant had provided all necessary information to support the nomination. The Tribunal considered Regulation 2.72A, which outlines the criteria for approval of a nomination for a Subclass 407 visa, and Regulation 2.72B, which sets out the requirements for occupational training programs. Specifically, the Tribunal examined whether the training plan identified the trainer, their qualifications, and how the training would be assessed, and whether the nominee possessed the requisite experience in the nominated occupation.

The Tribunal affirmed the decision to refuse the nomination. It found that the applicant had failed to provide a skills assessment for the nominee, making it difficult to identify any skill gaps. Furthermore, the proposed training plan lacked crucial details regarding the trainer's qualifications and experience, and did not adequately explain how the training would be assessed or how it would specifically address the nominee's training needs. The Tribunal concluded that the applicant had not provided sufficient information to satisfy the requirements of Regulation 2.72B(3)(a)(ii) and Regulation 2.72A(15), and therefore the nomination could not be approved.