# 407 Training Visa



## Fabsi (Jul 17, 2019)

Hi everyone my name is Fabian and I am originally from Germany.
I studied a postgrad degree at UQ in Brisbane and graduated a year ago.

I am currently based in Brisbane and work with a local IT company as a Business Analyst.
I managed to stay on a working holiday visa for the last year and I just lodged my training visa 407 for the role of Management Consultant sponsored by my current employer.
Now I received a rejection notice from DOH. Is there anyone who can help? I’m kinda lost atm.

Worst thing is that I am currently not in Australia as I left the country for a wedding of a friend of mine and I am not even sure if I can reenter the country.

I can forward the DOH notice if needed.

Many thanks in advance,
Fabsi ray2:


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## JennyWang (Jan 9, 2018)

What is your current visa status?
I suppose you should be on bridging visa. But if so you should be on bridging visa B and a final decision will not normally issued to bridging visa B. Nevertheless, your visa will expire in 28 days after the visa rejection.

I am not sure why the rejection is. The probable reason might be 1) you employer is not eligible to provide training. 2) you don't meet the genuine temporary entry criteria.

Also I have never seen a company sponsoring 407 more often it is a tertiary education sector. 

Cheers,


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## Fabsi (Jul 17, 2019)

*Training Visa 407 Rejection*

Hi Jenny,

you are right I am currently on a bridging visa B with travel allowance.
I received a "IMMI s57 Natural Justice" notice on October 31.
The notice states the following:

"This letter refers to your application for a Training (subclass 407) visa. You have indicated in
your application that you wish to be considered for the grant of a Training (subclass 407) visa
and that XXXXXX is your intended sponsor for this application.
No Approved Nomination
You have not been identified in an approved Training (subclass 407) nomination by your
intended sponsor or any other sponsor. You may wish to contact your sponsor in regards to
this.
As a result you are currently unable to meet criterion 407.214 of Schedule 2 of the Migration
Regulations 1994:
407.214"




My employer also send me the notice he received on his end as the sponsor for the 407 visa:


"I wish to advise that the application for approval of a nomination has been refused. The
attached nomination refusal decision record outlines details about this decision.

After careful consideration of the information provided, the applicant has failed to
demonstrate how they have met the relevant criteria for the approval of this nomination as
set out in Australian migration law.

Review rights
No further assessment of this application can be taken at this office. However, you are
entitled to apply to the Administrative Appeals Tribunal (AAT) for a merits review of this
decision within 21 days after the day on which you are taken to have received this letter.

Receiving this letter
As this letter was sent to you by email, you are taken to have received it at the end of the day
it was transmitted.

This review period is prescribed in law and an application for merits review may not be
accepted after that date.


NOTICE OF DECISION
NOMINATION REFUSAL NOTICE
TRAINING(NOMINATION) SUBCLASS 407 VISA
Proposed Occupation, training or activity Management Consultant - 224711

Information and evidence considered
I am a delegated decision maker under section 140GB of the Migration Act 1958. In reaching
my decision, I have considered the following:

● relevant legislation contained in the Migration Act and Migration Regulations 1994
● information contained in the Department's Procedures Advice Manual 3
● documents and information provided by the nomination applicant

Findings
On the basis of all of the information available to me, including the documents and
information the nomination applicant provided, I find that the criteria for the approval of a
nomination of a program of occupational training in relation to a holder of, or an applicant or
proposed applicant for, a Subclass 407 (Training) visa have not been met.

Reasons for decision
Under section 140GB of the Migration Act, the Minister must approve an approved sponsor’s
nomination if the prescribed criteria are satisfied. The prescribed criteria for approval of a
nomination of a program of occupational training (the nominated program) in relation to
a holder of, or an applicant or proposed applicant for, a Subclass 407 (Training) visa (the
nominee) are set out in regulations 2.72A and 2.72B of the Migration Regulations.

Assessment against regulation 2.72B (Criteria for approval of nomination - alternative
criteria for subclass 407 (Training) visa)

In order to satisfy subregulation 2.72A(15) of the Migration Regulations, the nomination
application must satisfy one of the subregulations in regulation 2.72B of the Migration
Regulations. The subregulations set out the alternative criteria that apply to a nomination
of a program of occupational training in relation to a holder of, or an applicant or proposed
applicant for, a Subclass 407 (Training) visa (the nominee).

Paragraph 2.72B(6) provides that:
“Occupational training for capacity building overseas - professional development

6) This subregulation applies if the Minister is satisfied that:

(a) the nominee:
(i) has an overseas employer; and
(ii) is in a managerial or professional position in relation to the overseas employer; and

(b) the occupational training is relevant to, and consistent with, the development of the
managerial or professional skills of the nominee; and

(c) the occupational training will provide skills and expertise relevant to, and consistent
with, the business of the overseas employer of the nominee; and

(d) the primary form of the occupational training is the provision of face-to-face teaching in a
classroom or similar environment.

In assessing an application against regulation 2.72B(6)(a), I must be satisfied that the
nominee has an overseas employer and is in a managerial or professional position in relation
to the overseas employer.

In reaching my decision, I have thoroughly considered all of the information and
documentation provided with the application, including the nominee’s qualifications, resume
and training plan.

Based on the information and documentation provided, I am not satisfied that the nominee
has an overseas employer nor are they in a managerial or professional position in relation
to the overseas employer. In addition to this, in analysing the provided training plan I find
no specific reference to a training strategy specifically tailored to the requirements of an
overseas employer in relation to the nominee.

The purpose of regulation 2.72B(6)(a) is not just that the nominee has an overseas employer
at the time of application but that the nominee has an ongoing employment arrangement with
their overseas employer.

Despite the fact that you indicated that you wish for this application to be assessed against
Occupational training required for Profession Development criteria (clause 2.72B[6]), the
application must be considered against the criteria of the other available types; Occupational
training to enhance skills (clause 2.72B[3]) and Occupational training for Registration (clause
2.72B[2]). It is noted that the occupation of the nominee does not require registration,
membership or licensing therefore does not meet the criteria for Registration. In assessing
the criteria for Enhanced Skills, the training must be primarily workplace-based, at least 30
hours per week and consist of a structured workplace-based training program specifically tailored to the training needs of the nominee. As there is no evidence of a structured
workplace-based training program specifically tailored to the training needs of the nominee
the application does not meet the criteria for Enhanced Skills.

As a consequence I find that the application does not meet sub-clause 2.72B(6)(a) of the
Regulations and consequently does not meet sub-clause 2.72B(6) of the Regulations.

I am therefore not satisfied you meet the requirements of 2.72B(6) of the Migration
Regulations.

Decision
Under subsection 140GB(2) of the Migration Act, a nomination application must satisfy the
prescribed criteria in order to be approved. The prescribed criteria are set out in regulations
2.72A and 2.72B of the Migration Regulations.

The nomination application does not satisfy 2.72B(6) and any other subregulations in
regulation 2.72B of the Migration Regulations. Therefore, I am not satisfied that the
nomination application satisfies subregulation 2.72A(15) of the Migration Regulations. As the
nomination application does not satisfy regulation 2.72A of the Migration Regulations, I am
not satisfied that the nomination application meets the prescribed criteria for approval of the
nomination.

Therefore, I refuse XXXX's application for approval of a nomination."


I hope this helps clarifying my situation and is conform with forum regulations.
I plan on flying back to Australia on November 16 and gopem


Kind regards and many many thanks,
Fabsi


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## JennyWang (Jan 9, 2018)

I see. DHA does not approve your employer's capability to provide training for your job as a management consultant. I don't think you have much chance to appeal to the tribunal because the reason for rejection is quite clear unless your employer could provide further evidence. 

Because you still have bridging visa b, I think you can still travel back to Aus to finish things up and leave in 28 days. But please confirm this with DHA.


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## Fabsi (Jul 17, 2019)

*Training Visa 407 Rejection*

But I don't fully understand why my employer is not qualified enough to train me. They should meet all requirements. Should I try with another job role?
And how much time could I buy with an appeal in theory? I want to finish a project with my employer.


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## JennyWang (Jan 9, 2018)

Well the letter sent to your employer has detailed the reasons for rejection.
Please consult a MARA agent if in doubt.


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