Singh (Migration)

This matter concerned an application for a Subclass 402 (Training and Research) visa in the Occupational Trainee stream. The applicant sought review of a decision not to grant the visa. The primary issue before the Tribunal was whether the applicant satisfied the requirements of clause 402.221 of the Migration Regulations 1994.

The Tribunal was required to determine whether the applicant met the sponsorship and nomination requirements for the visa. Specifically, it needed to ascertain if the occupational training was to be provided by the Commonwealth, and if not, whether the applicant was identified in a valid and current nomination by an approved sponsor, and if there was any adverse information concerning the nominator. The Tribunal also considered whether the applicant had responded to an invitation to comment on information relevant to the decision.

The Tribunal reasoned that the applicant's occupational training was not to be provided by the Commonwealth. Consequently, the applicant was required to be identified in an approved nomination by a training and research sponsor or an occupational trainee sponsor, which nomination must not have ceased. The Tribunal noted that a nomination application made by Alliance Abroad International Pty Ltd, identifying the applicant, was refused on 7 July 2016, and a subsequent review of this refusal was dismissed by the Tribunal on 3 May 2019. The applicant had been invited to respond to this information but provided no response. As there was no evidence before the Tribunal that the applicant was identified in any other current nomination, the Tribunal concluded that the applicant had not satisfied the requirements of clause 402.221.

Accordingly, the Tribunal affirmed the decision not to grant the applicant a Training and Research (Class GC) visa.