YJ Pty Ltd (Migration)

The Administrative Appeals Tribunal, constituted by C. Packer, considered a review of a decision to refuse the nomination of a nominee for a Subclass 407 (Training) visa. The applicant, YJ Pty Ltd, sought approval of its nomination, which was initially refused. The core of the dispute revolved around whether YJ Pty Ltd met the criteria for approving the nomination under section 140GB(2) of the Migration Act 1958 (Cth) and regulation 2.72A of the Migration Regulations 1994 (Cth).

The Tribunal was required to determine if YJ Pty Ltd satisfied several key criteria outlined in regulation 2.72A. Specifically, the Tribunal had to assess whether the nominee would participate in the nominated program (reg 2.72A(5)), whether the occupational training would be provided directly by the sponsor or under specified circumstances (reg 2.72A(12)), and whether the nominated program constituted a genuine training opportunity (reg 2.72A(16)). These assessments were to be made in light of information provided by the applicant.

The Tribunal's reasoning focused on the applicant's failure to provide updated and current information as requested by the Tribunal on 26 May 2023, pursuant to section 359 of the Act. The applicant had not submitted any information since November 2019, a period exceeding three years. Consequently, the Tribunal was not satisfied that the nominee would participate in the nominated program, that the occupational training would be provided directly by the sponsor or in specified circumstances, or that the nominated program was a genuine training opportunity. The lack of current information about the nominee, the program, and the business prevented the Tribunal from being satisfied on these crucial points.

For these reasons, the Tribunal affirmed the decision under review to refuse the nomination.