Serly (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Serly, who sought review of a decision to refuse to approve a nomination for a Subclass 407 (Training) visa. The original decision-maker had refused the nomination, and this decision was affirmed on review by the AAT.

The primary legal issue before the AAT was whether the applicant had provided sufficient information to satisfy the requirements for the approval of a training nomination under the relevant migration regulations. Specifically, the Tribunal had to determine if the proposed training program met the criteria for a genuine and effective training arrangement.

The Tribunal noted that it had invited the applicant to provide further comments or information regarding the proposed training program. However, no response was received from the applicant. In the absence of such information, the Tribunal was unable to be satisfied that the proposed training program met the legislative requirements. Consequently, the Tribunal affirmed the decision to refuse the nomination.