Wibowo (Migration)

The Administrative Appeals Tribunal considered an appeal by an applicant concerning a decision not to grant her a Training and Research (Class GC) visa, Subclass 402, in the Occupational Trainee stream. The applicant sought review of the Department's decision.

The primary legal issue before the Tribunal was whether the applicant was the subject of an approved Subclass 402 nomination that had not ceased. This required determining if the applicant met the criteria under clause 402.221 of the Migration Regulations 1994, specifically concerning the requirement to be identified in a nomination that had not ceased, given that the occupational training was not to be provided by the Commonwealth.

The Tribunal noted that a nomination for the applicant by Ausphin was approved on 26 October 2015 and expired on 26 October 2018. However, the Host Company withdrew the traineeship position on 7 April 2017. The Tribunal found that because the nomination had ceased due to the withdrawal of the traineeship position, the applicant could not satisfy the essential requirement of being identified in an approved nomination that had not ceased. Furthermore, the Tribunal observed that the Subclass 402 visa class closed on 19 November 2016.

Consequently, the Tribunal affirmed the decision not to grant the applicant the visa, as the requirements for the Occupational Trainee stream of the Subclass 402 visa were not met.