Mcmullan (Migration)

This matter concerned an application for a Training (Subclass 407) visa by Mr Mcmullan. The dispute arose because the Department of Home Affairs refused to approve the nomination lodged by the proposed sponsor, Better Built Bricklaying Pty. Ltd. The Administrative Appeals Tribunal (the Tribunal) affirmed the Department's decision not to approve the nomination, and subsequently, the applicant's visa application was refused. The decision under review was the Tribunal's affirmation of the Department's refusal to approve the nomination.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 407.214(b) of Schedule 2 to the Migration Regulations 1994. This clause mandates that for a sponsor who is not a Commonwealth agency, the nomination must have been approved under section 140GB of the Migration Act 1958 on the basis of the criteria in regulation 2.72A. The Tribunal was required to determine if the nomination lodged by Better Built Bricklaying Pty. Ltd. had, in fact, been approved.

The Tribunal reasoned that the nomination application made by Better Built Bricklaying Pty. Ltd. in relation to Mr Mcmullan's visa application had been refused by the Department on 16 October 2018. While the sponsor sought review of this decision, the Tribunal affirmed the Department's refusal on 15 October 2021. Consequently, the Tribunal found that the nomination had not been approved, meaning the applicant did not satisfy the criteria in clause 407.214(b). As this was a necessary requirement for the visa, the Tribunal concluded that the applicant did not meet the criteria for the Subclass 407 visa.

The Tribunal affirmed the decision not to grant Mr Mcmullan a Training (Class GF) Subclass 407 visa.