Singal (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Class GF (Training) subclass 407 visa. The applicant sought review of the delegate's decision to refuse the visa. The sponsor for the applicant was Blight Blight & Blight Pty Ltd.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 407.214 of the Migration Regulations 1994. This clause outlines specific criteria for a Training (Class GF) visa when the approved sponsor is not a Commonwealth agency, including the requirement for an approved nomination of a training program.

The Tribunal noted that it was not disputed that the sponsor was not a Commonwealth agency. Crucially, it was also not disputed that at the time of the delegate's decision, the applicant did not have an approved nomination from her sponsor, as the Department had refused to approve the nomination. As there was no evidence of any other approved nomination before the Tribunal, it was compelled to find that the applicant did not meet clause 407.214(b) and, consequently, could not meet clause 407.214 as a whole. The Tribunal affirmed the decision not to grant the applicant a subclass 407 visa.