Chang (Migration)

The Administrative Appeals Tribunal considered an application for a Training (Class GF) visa, subclass 407, made by the applicant, Chang. The dispute concerned the refusal of the visa application, which was based on the applicant not being named in an approved nomination for a training program. The applicant had not provided written submissions to the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the mandatory criteria for the subclass 407 visa, specifically concerning the requirement for an approved nomination. The Tribunal had to determine if there was a valid and current approved nomination identifying the applicant as a participant in a nominated occupational training program.

The Tribunal reasoned that a nomination application lodged by the applicant's proposed sponsor had been refused by the Department. As a result, the applicant was no longer named in an approved nomination. The Tribunal noted that no other evidence of an approved nomination or sponsorship by a Commonwealth agency was presented. Given that an approved nomination is a mandatory requirement for the grant of this visa, and no such nomination was in place, the Tribunal concluded that the applicant did not meet the criteria set out in clause 407.214(b) of the relevant regulations.

Consequently, the Tribunal affirmed the delegate's decision not to grant the applicant the Training (Class GF) visa.