Tan (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Training (subclass 407) visa. The applicant sought review of a decision by a delegate of the Minister for Home Affairs to refuse the visa. The Tribunal, constituted by C. Packer, ultimately affirmed the delegate's decision.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for the Training (subclass 407) visa, specifically clause 407.214(b). This clause requires that the nomination of the occupational training program has been approved under section 140GB of the *Migration Act 1958* (Cth) on the basis of the criteria in regulation 2.72A.

The Tribunal's reasoning focused on the fact that the nominator, Chung Wah Association, had previously been found by the Tribunal not to meet the requirements for approval of a nomination. Specifically, the Tribunal was not satisfied that the training program was tailored to the nominee's needs and duration, nor that it was offered as a genuine training opportunity for skill enhancement. Consequently, the Tribunal concluded that the nomination had not been approved under section 140GB of the Act. As clause 407.214(b) was a mandatory requirement for the visa, and this criterion was not met, the Tribunal affirmed the decision to refuse the visa.