Hoang (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Training (Class GF) visa, subclass 407, by an applicant seeking to enhance their skills as a café or restaurant manager. The core of the dispute revolved around the applicant's eligibility for the visa, which was contingent upon an approved training nomination. The AAT affirmed a prior decision to refuse the nomination application made by LKJV Group Pty Ltd.

The primary legal issue before the Tribunal was whether the requirements relating to the nomination of the training position, as stipulated in regulation 407.214 of the Migration Regulations 1994, were met. Specifically, the Tribunal had to determine if the applicant satisfied clause 407.214(b), which requires the training position to be the subject of an approved training nomination.

The Tribunal reasoned that its prior decision on 25 August 2023, which affirmed the refusal of the nomination made by LKJV Group Pty Ltd, was determinative. As the nomination had not been approved under section 140GB of the Migration Act 1958, the applicant could not meet the requirements of clause 407.214(b). The applicant's expressed intention to seek judicial review was noted, but the Tribunal proceeded to make a decision based on the available material, as judicial review could only be sought after a final decision by the AAT.

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