Seo (Migration)

[2023] AATA 2361

Seo (Migration) [2023] AATA 2361 (23 June 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Ji Young Seo

CASE NUMBER:  1927414

HOME AFFAIRS REFERENCE(S):          BCC2019/3281446

MEMBER:Andrew McLean Williams

DATE:23 June 2023

PLACE OF DECISION:  Brisbane

DECISION:The Tribunal affirms the decision not to grant the Applicant a Subclass 407 visa, on the basis that the Applicant does not satisfy clause 407.214.

Statement made on 23 June 2023 at 2:18pm

CATCHWORDS
MIGRATION – Training (Subclass 407) visa – Subclass 407 – application for approval of the training program was refused – occupational training program –– decision under review affirmed  

LEGISLATION 
Migration Act 1958, ss 65, 140GB
Migration Regulations 1994, Schedule 2, cl 407.214

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a Delegate of the Minister for Home Affairs on 10 September 2019 to refuse to grant the visa applicant (‘the Applicant’) a Training (Class GF) Subclass 407 visa under s.65 of the Migration Act 1958 (Cth) (‘the Act’).

2. The Applicant applied for the visa on 30 June 2019. The Delegate refused to grant the visa on the basis that the Applicant did not satisfy clause 407.214.

3. The Applicant appeared before the Tribunal on 10 November 2022 to give evidence and present arguments. The Tribunal hearing was conducted with the assistance of an interpreter in the Korean and English languages.

4. For the following reasons the Tribunal has concluded that the decision under review should now be affirmed.

   CONSIDERATION OF CLAIMS AND EVIDENCE

5. The issue in the present case is whether the Applicant satisfies the requirements of clause 407.214, which requires that the Applicant have an approved sponsor that has nominated a program of occupational training that has been approved, under s.140GB of the Act.

6. On 29 May 2019 an application was lodged by Kidstopia Pty Ltd seeking approval for an occupational training program.  The Applicant had applied for her visa on the basis of her undertaking this particular program of training. On 8 August 2019 the application for approval of the training program by Kidstopia Pty Ltd was refused by a Delegate of the Minister.

7. In light of the foregoing the Applicant does not meet the requirements of clause 407.214(b) and was incapable of doing so as at the date of lodgement of her visa application.

   DECISION

8. The decision under review is affirmed, on the basis that the Applicant does not satisfy clause 407.214.

   Andrew McLean Williams
   Member