1601516 (Migration)

The Administrative Appeals Tribunal considered an application for a Training and Research (Class GC) visa, Subclass 402, following a remittal from the Federal Circuit Court. The applicant sought this visa, and the core of the dispute revolved around the approval of a nomination for an occupational trainee sponsor.

The Tribunal was required to determine whether the applicant met the criteria for the Subclass 402 visa, specifically in relation to clause 402.221 of Schedule 2 to the Migration Regulations. This clause pertains to the requirements for an occupational trainee sponsor.

The Tribunal found that the applicant did meet the relevant criteria. Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant be taken to satisfy clause 402.221 of Schedule 2 to the Regulations.