Fei (Migration)

The Administrative Appeals Tribunal considered an application for a Training (Class GF) visa, subclass 407, made by a civil engineer. The applicant's representative disputed the legality of a prior nomination review decision and sought to have that matter reopened. However, the Tribunal determined that it was not appropriate to indefinitely delay the visa review decision.

The primary legal issue before the Tribunal was whether the applicant had an approved nomination to support their visa application. The delegate had refused the application because the nomination lodged by the applicant's sponsoring employer was refused by the Department, and no other approved nomination was in place. The Tribunal was required to determine if this refusal was correct and if the applicant met the mandatory nomination requirements for the visa.

The Tribunal reasoned that a valid and approved nomination is a mandatory requirement for the grant of this visa. It confirmed that the applicant's nominating employer had applied for a nomination that identified the applicant, but this application was refused. As there was no evidence of any other approved nomination, the Tribunal found that the applicant did not meet the criteria set out in clause 407.214(b) of the Migration Regulations. The Tribunal acknowledged the representative's request to reopen the associated nomination matter due to alleged issues with correspondence, but concluded that delaying the visa review decision was not appropriate.

Consequently, the Tribunal affirmed the delegate's decision not to grant the applicant a Training (Class GF) visa.