Kwak (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Training (Class GF) visa (Subclass 407). The dispute arose from the refusal of the applicant's visa application, which was based on the absence of an approved nomination for an occupational training program. The sponsor, FOOD & LEISURE PTY LTD, had lodged two nomination applications, both of which were refused because they did not meet the criteria set out in regulation 2.72A of the Migration Regulations.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 407.214 of the Migration Regulations, specifically concerning the existence of an approved nomination for an occupational training program. This clause requires that the sponsor has nominated a program of occupational training and that this nomination has been approved under section 140GB of the Act, based on the criteria in regulation 2.72A. The Tribunal also had to consider whether the approval of the nomination had ceased and whether there was any adverse information about the sponsor.

The Tribunal reasoned that for the applicant to be granted a Subclass 407 visa, there must be an approved nomination that meets the specified regulatory criteria. The evidence showed that both nomination applications lodged by FOOD & LEISURE PTY LTD were refused for failing to meet regulation 2.72A. Furthermore, a subsequent review of one of these nominations was finalised without a Tribunal reviewable decision. As there was no information indicating an approved sponsorship and nomination that met the requirements of clause 407.214(b), the Tribunal concluded that the applicant could not satisfy this criterion. The applicant did not appear at the hearing, but the Tribunal proceeded with the review, having previously notified the applicant of the issues and invited comment.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Training (Class GF) Subclass 407 visa, as the applicant failed to demonstrate that they met the essential requirement of having an approved nomination for an occupational training program.