Heide (Migration)

[2022] AATA 4939

Heide (Migration) [2022] AATA 4939 (19 December 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Joshua Harry Ernest Heide

CASE NUMBER:  1926602

HOME AFFAIRS REFERENCE(S):          BCC2019/3313340

MEMBER:C. Packer

DATE:19 December 2022

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the application for a Training (class GF) Training (subclass 407) visa for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 407 visa:

cl.407.214(b) ·     of Schedule 2 to the Regulations

Statement made on 19 December 2022 at 12:10pm

CATCHWORDS
MIGRATION – Training (Subclass 407) visa – Subclass 407 – nominated and revised program of 12 months is offered as a genuine training opportunity to enhance skills – Tribunal approved the nomination – decision under review remitted

LEGISLATION
Migration Act 1958, ss 65, 140GB
Migration Regulations 1994, r 2.72, Schedule 2, cl 407.214

statement of decision and reasons

application for review

1. This is an application for review of a decision made by a delegate of the Minister for Home Affairs on 3 September 2019 to refuse to grant the visa applicant a Training (Class GF) Subclass 407 visa under s 65 of the Migration Act 1958 (Cth) (the Act).

2. The visa applicant applied for the visa on 2 July 2019. The delegate refused to grant the visa on the basis that the nomination by M.A. & W. De Boer had been refused on 31 July 2019. The delegate found that as such, the applicant did not satisfy clause 407.214(b).

3. For the following reasons, the Tribunal has concluded that the matter should be remitted for reconsideration.

   CONSIDERATION OF CLAIMS AND EVIDENCE

   Approved nomination of a program of occupational training

4. Clause 407.214(b) requires:

   (b) the nomination has been approved under section 140GB of the Act on the basis of the criteria in regulation 2.72A;

5. On 16 December 2022 in Tribunal case 1922386 the Tribunal found the nominator, M.A. & W. De Boer, meets the requirements for approval of the nomination of the program of occupational training. The Tribunal was satisfied that the nominated and revised program of 12 months is offered as a genuine training opportunity to enhance skills.

6. The Tribunal set aside the delegate’s decision to refuse the nomination application under review and substituted a decision approving the nomination. Therefore, cl.407.214(b) is met. Given these findings, the appropriate course is to remit the visa application to the Minister to consider the remaining criteria for the visa.

   decision

7. The Tribunal remits the application for a Training (class GF) Training (subclass 407) visa for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 407 visa:

   ·cl.407.214(b) of Schedule 2 to the Regulations

   C. Packer
   Member