LI (Migration)

This matter concerned an application for review of a decision regarding a Training (Class GF) visa, Subclass 407. The applicant sought to have a decision affirmed by the Tribunal, which had previously affirmed the delegate's decision to refuse the visa. The Tribunal, presided over by Warren Stooke AM, considered the applicant's claims and the evidence presented.

The primary legal issue before the Tribunal was whether the applicant met the criteria set out in clause 407.214 of Schedule 2 of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant had an approved sponsor who had nominated a program of occupational training that had been approved under section 140GB of the Act.

The Tribunal's reasoning focused on the applicant's own admissions and the documentary evidence. The applicant initially stated he had an approved sponsor, Brighten Technologies, but later clarified that he no longer worked for them and, upon being read the delegate's decision, confirmed that he did not have any sponsor. The delegate's decision, provided to the Tribunal, clearly indicated that the nomination application by Brighten Technologies for the applicant had been refused on 3 October 2018. Based on the applicant's current employment status and his confirmation of lacking an approved sponsor, the Tribunal concluded that clause 407.214(b) of the Regulations was not met.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Training Subclass 407 (Class GF) visa, finding that the applicant had not met the essential requirements for the visa.