Seo (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 407 (Training) visa. The applicant sought review of a decision to refuse her visa application, which was predicated on her participation in a specific occupational training program.

The central legal issue before the Tribunal was whether the applicant satisfied the requirements of clause 407.214 of the Migration Regulations 1994. This clause mandates that an applicant for a Subclass 407 visa must have an approved sponsor who has nominated a training program that has itself been approved under section 140GB of the Migration Act 1958.

The Tribunal found that the applicant's nominated training program, proposed by Kidstopia Pty Ltd, had been refused by a delegate of the Minister on 8 August 2019. As the training program was not approved at the time of the applicant's visa application lodgement, the Tribunal concluded that the applicant could not satisfy the requirements of clause 407.214(b). Consequently, the Tribunal affirmed the decision under review.