Dutra Gasparini (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 407 Training visa. The applicant, Dutra Gasparini, sought review of a decision to refuse their visa application. The primary issue before the Tribunal was whether the applicant had an approved nomination to support their visa application.

The Tribunal was required to determine if the applicant met the criteria for a Subclass 407 visa, specifically whether there was an approved nomination identifying the applicant in a nominated training program. The delegate had previously refused the application on the grounds that a nomination lodged on 27 May 2019, which named the applicant, was refused by the Department on 18 June 2019. The applicant failed to provide any submissions or further information to the Tribunal to demonstrate an approved nomination.

The Tribunal reasoned that for a Subclass 407 visa to be granted, there must be an approved nomination that has not ceased in relation to the applicant. As no evidence was presented to show an approved nomination existed, or that the sponsoring organisation was a Commonwealth agency, the Tribunal found that the applicant did not meet the criteria set out in clause 407.214(b) of the Migration Regulations. Consequently, the Tribunal affirmed the delegate's decision to refuse the visa. The Tribunal also affirmed the refusal of a visa for a secondary applicant, as they were not a member of the primary applicant's family unit and did not meet the primary criteria independently.