Heide (Migration)

This matter concerned an application for a Training (subclass 407) visa. The applicant's nomination for the visa was initially refused by a delegate. The Administrative Appeals Tribunal (the Tribunal) reviewed this decision.

The primary legal issue before the Tribunal was whether the nominated program of occupational training met the requirements of clause 407.214(b) of Schedule 2 to the Migration Regulations 1994. This clause requires that a nomination for a subclass 407 visa has been approved under section 140GB of the Migration Act 1958 on the basis of the criteria in regulation 2.72A.

The Tribunal found that the nominator, M.A. & W. De Boer, met the requirements for approval of the nomination. It was satisfied that the nominated and revised program, which was for a duration of 12 months, constituted a genuine training opportunity designed to enhance skills. Consequently, the Tribunal set aside the delegate's decision to refuse the nomination and substituted a decision approving it, thereby satisfying clause 407.214(b). The Tribunal then remitted the visa application to the Minister for reconsideration, directing that the applicant met this specific criterion.