Sidhu (Migration)

This matter concerned an application for a Training Visa (Class GF) (subclass 407) by an applicant from India, who was the subject of an approved nomination for the occupation of Motor Mechanic (General). The Tribunal was required to determine whether the applicant met the requirements of clause 407.214(b) of the Migration Regulations 1994, which mandates an approved nomination of a program of occupational training in relation to the applicant.

The central legal issue before the Tribunal was whether the applicant had satisfied the criterion requiring an approved nomination for a program of occupational training. The applicant had provided evidence of relevant vocational qualifications in light vehicle mechanical studies, English language proficiency, health cover, and a future contract of employment with the sponsoring entity, Techno Motors Pty Ltd. Crucially, the Tribunal had previously approved the nomination application lodged by Techno Motors Pty Ltd, identifying the applicant as the nominee.

The Tribunal reasoned that the applicant had met the requirements of clause 407.214(b) by virtue of the previously approved nomination under section 140GB(1)(b) of the Migration Act 1958, which was assessed against the criteria in regulation 2.72A. Having found that this criterion was satisfied, the Tribunal set aside the previous decision not to approve the application and substituted a decision approving the application for the subclass 407 visa for both the primary and secondary applicants.