Choi (Migration)

The Administrative Appeals Tribunal considered the applications of two individuals for Subclass 407 Training visas. The applicants sought these visas based on a nomination by Berry Sweet Strawberry Farm Pty Ltd ATF The Yewers Family Trust for the position of Fruit or Nut grower. The delegate initially refused the nomination application, and subsequently refused the visa applications on the grounds that there was no approved nomination for a program of occupational training, as required by paragraph 140GB(1)(b) of the Migration Act 1958 (Cth) and clause 407.214 of the Migration Regulations 1994 (Cth).

The Tribunal was required to determine whether the applicants met the criteria for the Subclass 407 visa, specifically focusing on whether the nomination for the training program had been approved under section 140GB of the Act, based on the criteria in regulation 2.72A. This involved assessing whether the proposed training program was specifically tailored to the nominee's needs, of appropriate duration, offered as a genuine training opportunity for skill enhancement, and whether the sponsor would not engage in activities adversely affecting Australian employment or training opportunities.

The Tribunal found that the nominator, Berry Sweet Strawberry Farm Pty Ltd ATF The Yewers Family Trust, did not meet the requirements for approval of the nomination. The Tribunal was not satisfied that the training program was specifically tailored to the nominee's needs, that it was offered as a genuine training opportunity for skill enhancement, or that the sponsor would not adversely affect Australian employment opportunities. Consequently, the nomination was not approved. As clause 407.214(b) requires an approved nomination, and this essential requirement was not met, the Tribunal affirmed the decision not to grant the Subclass 407 visas to both applicants.