Chan (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a subclass 407 Training visa. The applicant's original sponsor, Turboysperformance Pty Ltd, was not a Commonwealth agency. The central dispute revolved around whether the applicant met the requirements of clause 407.214 of the Migration Regulations 1994, specifically concerning an approved nomination for a program of occupational training.

The primary legal issue before the Tribunal was to determine if the applicant satisfied clause 407.214, which requires, among other things, that the sponsor has nominated a program of occupational training and that this nomination has been approved and has not ceased. The Tribunal was also presented with the fact that the Department had refused to approve the applicant's sponsor's nomination at the time of the delegate's decision.

The Tribunal reasoned that it was not disputed that the applicant's sponsor was not a Commonwealth agency, meaning clause 407.214 was applicable. Crucially, the Tribunal found that there was no evidence before it of any approved nomination for the applicant. As the applicant did not have an approved nomination at the time of the delegate's decision, he failed to meet the requirement of clause 407.214(b). Consequently, the Tribunal concluded that the applicant did not meet clause 407.214 as a whole and therefore affirmed the decision not to grant the subclass 407 visa.