Choi (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 407 (Training) visa. The applicant sought to undertake a training program in the occupation of Supply and Distribution Manager, with a specific focus on its application in an agricultural setting. The core of the dispute revolved around the satisfaction of clause 407.214 of the Migration Regulations, which pertains to the nomination of an occupational training program.

The Tribunal was required to determine whether the applicant met the requirements of clause 407.214. This involved assessing whether the nomination of the training program had been approved under section 140GB of the Migration Act, had not ceased under regulation 2.75A, and whether there was any adverse information known to the Department of Immigration concerning the nominator or associated persons, or if such information could reasonably be disregarded.

The Tribunal's reasoning focused on the status of the nomination. It noted that the Department had initially refused the nomination application but that this decision was subsequently set aside by the AAT, which then substituted a decision approving the nomination. The Tribunal was satisfied, based on the evidence presented, that the nomination had been approved, had not ceased, and that no adverse information precluded its approval. Consequently, the Tribunal found that clause 407.214 was satisfied.

The Tribunal remitted the application for a Subclass 407 visa to the Minister for reconsideration, with a direction that the applicant meets clause 407.214. The Tribunal also noted that the applicant would require a further two years to complete the training program and recommended that the visa be granted with validity until January 2025.