RONNEBURG (Migration)

This matter concerned an application for a Training (Class GF) visa, Subclass 407, brought by an applicant whose nomination had been approved by the Tribunal. The sponsor, Peterpans Backpacker Adventure Travel Pty Ltd, had initially had its nomination application refused by the delegate, but the Tribunal subsequently approved the nomination on 27 March 2019, identifying the applicant as the nominee. The applicant was then the subject of an approved nomination for a program of occupational training under s.140GB(1)(b) of the Migration Act 1958 (Cth), assessed against the criteria in r.2.72A of the Migration Regulations 1994 (Cth). The decision under review was made by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of cl.407.214(b) of Schedule 2 to the Migration Regulations, which mandates an approved nomination of an occupational training program in relation to the applicant. The Tribunal was also required to determine the appropriate course of action given its findings on this criterion.

The Tribunal reasoned that because the nomination had been approved by the Tribunal, and the applicant was identified as the nominee, the requirements of cl.407.214(b) were satisfied. Having found that this criterion was met, the Tribunal determined that the appropriate course was to remit the visa application to the Minister for reconsideration of the remaining criteria for a Subclass 407 visa. The Tribunal directed that the applicant met cl.407.214(b).