Chong (Migration)

The Administrative Appeals Tribunal considered an application for a Training (Class GF) visa, subclass 407, by Mr. Chong. The core dispute concerned whether Mr. Chong had an approved nomination to support his visa application, a mandatory requirement for the visa grant. The delegate had previously refused the application on the grounds that the applicant was not named in an approved nomination, as the initial nomination application lodged by his prospective sponsor had been refused.

The Tribunal was required to determine if there was a valid and un-ceased approved nomination in place that identified Mr. Chong. The Tribunal noted that the applicant's nominating employer had applied for review of the nomination refusal, but this review was affirmed by the Tribunal on 5 January 2023, meaning the nomination remained refused. The Tribunal also considered the applicant's assertion that he was now working for a different employer willing to sponsor him, but found no evidence had been provided to support this claim, nor that this new employer held an approved nomination.

The Tribunal reasoned that the legislative requirement for an approved nomination was not met. Despite being informed of this mandatory requirement and given an opportunity to respond to the delegate's and Tribunal's concerns, Mr. Chong indicated he wished to withdraw his application for review. Although he agreed to complete and return a withdrawal form by close of business on 6 April 2023, the Tribunal did not receive the form. Consequently, the Tribunal found that Mr. Chong did not meet the criteria set out in clause 407.214(b) of the Migration Regulations.

The Tribunal affirmed the decision not to grant Mr. Chong a Training (Class GF) visa.