Tjhin (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Training (class GF) visa (subclass 407). The dispute arose because the nomination of the applicant's training program was refused by a delegate of the Minister and subsequently affirmed by the Tribunal. The applicant's migration agent had made errors in drafting the training plan, which resulted in the role being presented as a basic trainee chef rather than the intended senior position.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the subclass 407 visa, specifically concerning the nomination of a training program. The Tribunal was required to determine if the nomination had been approved under section 140GB of the Migration Act 1958 (Cth) on the basis of the criteria in regulation 2.72A, as stipulated by clause 407.214(b) of the Migration Regulations 1994 (Cth).

The Tribunal reasoned that the nomination of the training program had not been approved. Despite the applicant's explanation that migration agent errors had misrepresented the intended senior role and his subsequent personal circumstances, including the impact of COVID-19 restrictions and his commitment to supporting the hospitality industry in Australia, these factors did not overcome the fundamental requirement of an approved nomination. As an essential criterion for the visa was not met, the Tribunal affirmed the decision not to grant the visa.