Yen Yu Pty Ltd (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Yen Yu Pty Ltd concerning the approval of a nomination for the Temporary Residence Transition stream. The dispute centred on whether the applicant, operating as Chatterbox café, met the regulatory requirements for approving a nomination for a Café or Restaurant Manager position, particularly in relation to training obligations and the impact of the COVID-19 pandemic on business operations. The Tribunal was tasked with reviewing the delegate's decision to refuse the nomination.

The primary legal issue before the Tribunal was to determine if Yen Yu Pty Ltd had satisfied all the criteria stipulated in regulation 5.19(3) of the Migration Regulations 1994 for the approval of a nomination under the Temporary Residence Transition stream. This involved assessing whether the nominator had fulfilled its training requirements, whether the nominee met the employment duration and nature criteria, and whether the terms and conditions of employment were no less favourable than those offered to Australian citizens or permanent residents. The Tribunal also had to consider if it was reasonable to disregard any non-compliance with these requirements.

The Tribunal's reasoning focused on the nominator's obligations regarding training requirements, as outlined in regulation 5.19(3)(f). While the applicant provided evidence of training invoices and plans for various individuals, the Tribunal found that the evidence did not conclusively demonstrate that the nominator had fulfilled its training commitments or complied with applicable obligations during the relevant period. The Tribunal noted that for a nomination to be approved, all requirements must be met, and the applicant had not sufficiently established compliance with the training obligations.

Ultimately, the Tribunal affirmed the delegate's decision to refuse the nomination. The applicant failed to demonstrate that it had met the mandatory training requirements stipulated by the Migration Regulations, and it was not considered reasonable in the circumstances to disregard this non-compliance.