Chitsunge (Migration)

This matter concerned an application for a Training and Research (Class GC) visa, Subclass 402, in the Occupational Trainee stream. The applicant, a citizen of Zimbabwe, sought review of a decision that she did not satisfy clause 402.221 of the Migration Regulations 1994. The Tribunal was asked to consider whether the applicant met the sponsorship and nomination requirements for the visa.

The primary legal issue before the Tribunal was whether the applicant had been identified in an approved nomination by a training and research sponsor that had not ceased, and whether there was any adverse information known to Immigration about the nominator or a person associated with the nominator, or if such information could be disregarded. The delegate had refused the application on the basis that the applicant was not identified in an approved nomination.

The Tribunal noted that the delegate's decision was made after the nomination application was refused and an invitation was sent to the applicant regarding her not being identified in an approved nomination. However, the Tribunal found that the applicant did meet the criteria under clause 402.221(1)(a) of Schedule 2 to the Regulations. The Tribunal therefore remitted the application for reconsideration by the Minister, with the direction that the applicant met this specific criterion.