Ellis (Migration)

The Administrative Appeals Tribunal considered the case of Mr Ellis, who sought a Subclass 407 Training visa. The dispute arose because the nomination of the training program for Mr Ellis, made by R F Sommerville & Z R Sommerville, was refused by the Department and this refusal was subsequently affirmed by the Tribunal. Mr Ellis did not provide a substantive response to the Tribunal's invitation to comment on this refusal.

The primary legal issue before the Tribunal was whether Mr Ellis met the criteria for a Subclass 407 Training visa, specifically whether he was the subject of an approved nomination for a training program. This required the Tribunal to consider clause 407.214 of Schedule 2 of the Migration Regulations 1994, which mandates that an approved temporary activities sponsor must have nominated a training program, and that this nomination must have been approved and not ceased.

The Tribunal reasoned that the nomination application made by R F Sommerville & Z R Sommerville in respect of Mr Ellis was refused by the Department and this refusal was affirmed by the Tribunal on 16 November 2022. As Mr Ellis failed to provide any response or comment to the Tribunal's request for submissions regarding this refusal, and had not sought an extension of time, there was no evidence before the Tribunal that any other approved sponsor had a nomination approved for Mr Ellis. Consequently, the Tribunal concluded that Mr Ellis did not meet the criteria in clause 407.214(b) of Schedule 2 of the Regulations, as the relevant nomination had not been approved.

The Tribunal affirmed the decision not to grant Mr Ellis a Subclass 407 Training visa.