Parker (Migration)

This matter concerned an application for a Subclass 407 Training visa by Ms Parker, who had since departed Australia. The decision under review was affirmed by the Tribunal, presided over by Member Katie Malyon. The core dispute revolved around whether Ms Parker met the criteria for the visa, specifically concerning an approved nomination for a program of occupational training.

The Tribunal was required to determine whether Ms Parker was the subject of an approved nomination for a Subclass 407 Training visa by an approved temporary activities sponsor, in accordance with regulation 2.72A of the Migration Regulations 1994. This involved assessing whether the nominated program of occupational training had been approved and had not ceased, and whether there was any adverse information known to Immigration about the nominator or associated persons, or if such information could reasonably be disregarded.

The Tribunal's reasoning focused on the fact that the nominator, referred to as "the Company," had its nomination application refused by the Department, a decision which was subsequently affirmed by the Tribunal itself. As there was no evidence of any other approved temporary activities sponsor having an approved nomination in relation to Ms Parker for occupational training, the Tribunal concluded that Ms Parker did not meet the requirements of clause 407.214 of Schedule 2 to the Regulations. Consequently, the Tribunal affirmed the decision not to grant the applicant the Subclass 407 visa.