Monia (Migration)

This matter concerned an appeal to the Tribunal by an applicant for a Class GF (Training) visa (subclass 407), and a second applicant seeking to be included as a member of the family unit. The core dispute revolved around whether the primary applicant met the criteria for the subclass 407 visa, specifically concerning an approved training nomination by her sponsor.

The Tribunal was required to determine if the primary applicant satisfied clause 407.214 of the Migration Regulations 1994. This clause mandates, among other things, that the sponsor must have nominated a program of occupational training for the applicant, and that this nomination must have been approved and remain valid. The Tribunal also needed to consider whether the second applicant met the secondary criteria as a member of the family unit, or the primary criteria in their own right.

The Tribunal found that the primary applicant did not meet clause 407.214(b) because, at the time of the delegate's decision, there was no approved nomination of a training program by her sponsor. This was due to the refusal of two previous nominations. As there was no evidence of any other approved nomination, the Tribunal concluded that the primary applicant could not satisfy clause 407.214 as a whole. Consequently, the Tribunal affirmed the decision not to grant the subclass 407 visa to the primary applicant. The Tribunal also affirmed the decision regarding the second applicant, as there was no evidence that he met the secondary family unit criteria or the primary visa criteria independently.