SINGH (Migration)

The Administrative Appeals Tribunal considered whether the applicant met the requirements for a Training (Class GF) Subclass 407 visa. The central dispute revolved around whether the applicant was the subject of an approved nomination for occupational training by an approved work sponsor, as mandated by clause 407.214(b) of the relevant regulations. The applicant had been notified that a nomination made by Evafresh Pty Ltd had been refused, that a review of this refusal was affirmed by the Tribunal, and that there was no record of an approved nomination.

The Tribunal was required to determine if the applicant satisfied clause 407.214(b) of the Migration Regulations 1994, which necessitates being the subject of an approved nomination of occupational training by an approved work sponsor. This determination was to be made in light of the information provided to the applicant regarding the refusal of the nomination by Evafresh Pty Ltd and the subsequent affirmation of that refusal by the Tribunal.

The Tribunal reasoned that as there was no approved nomination of a program of occupational training in relation to the applicant, the requirements of clause 407.214 were not met. The applicant had been given an opportunity to comment on the information that his nomination was refused and that no approved nomination existed, but he did not provide any response. Consequently, the Tribunal found that the applicant was not the subject of an approved nomination by a standard work sponsor.

The Tribunal affirmed the decision not to grant the applicant the Training (Class GF) Subclass 407 visa.