Wilson (Migration)

This matter concerned an application for a Training (Class GF) Subclass 407 visa. The applicant was the subject of a nomination application lodged by Veludo Bar Pty Ltd, which had initially been refused but was subsequently approved by the Tribunal. The primary dispute revolved around whether the applicant met the requirements of the relevant regulations for the visa.

The Tribunal was required to determine if the applicant met the criteria under cl.407.214(b) of Schedule 2 to the Regulations, which necessitates an approved nomination of an occupational training program. Additionally, the Tribunal considered whether the secondary applicant met the criteria under cl.407.311, relating to being a member of the family unit.

The Tribunal found that the requirements of cl.407.214(b) were met, as the nomination application had been approved. Regarding the secondary applicant, the Tribunal was satisfied, based on extensive photographic and documentary evidence, that the applicants had been in a de facto relationship since 2017, thus meeting cl.407.311. Consequently, the Tribunal remitted the applications for the Subclass 407 visa to the Minister for reconsideration of the remaining criteria.