SHE (Migration)

This matter concerned an application for review of a decision to refuse Subclass 407 (Training) visas. The applicant, SHE (Migration), sought review of the decision. The Tribunal was required to determine whether the applicant was subject to an approved nomination under section 140GB of the Migration Act 1958 (Cth) for the Subclass 407 visa.

The legal issues before the Tribunal were whether the criteria for an approved nomination under regulation 407.214 of the Migration Regulations 1994 (Cth) were met, and consequently, whether the primary applicant qualified for the Subclass 407 visa. Additionally, the Tribunal considered whether the secondary applicants met the criteria under clause 407.311, which depended on the primary applicant holding a relevant visa.

The Tribunal reasoned that the sponsor had lodged an application for review of a delegate's decision to decline to approve their nomination. However, the sponsor subsequently withdrew this review application. The Tribunal found that there was no approved nomination under section 140GB of the Act for the primary applicant, as the sponsor's nomination had been declined and the subsequent review was withdrawn. The Tribunal noted that the requirement for an approved nomination was mandatory and that no discretion was available. As this essential requirement was not met, the primary applicant's visa application could not succeed. Furthermore, because the primary applicant did not hold a Subclass 407 visa, the secondary applicants also failed to meet the criteria under clause 407.311.

The Tribunal affirmed the decision not to grant the applicants Subclass 407 (Training) visas.