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MIGRATION REGULATIONS 1994 - REG 2.72A

Criteria for approval of nomination--Subclass 407 (Training) visa

             (1)  This regulation applies to a person (the sponsor ):

                     (a)  who is, or has applied to be, a temporary activities sponsor; and

                     (b)  who has nominated, under paragraph 140GB(1)(b) of the Act, 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 ).

             (2)  For the purposes of subsection 140GB(2) of the Act, the criteria that must be satisfied for the Minister to approve the nomination are the criteria set out in this regulation.

             (3)  The Minister is satisfied that the sponsor is a temporary activities sponsor.

             (4)  The Minister is satisfied that the sponsor made the nomination in accordance with regulation 2.73A.

             (5)  The Minister is satisfied that the nominee will participate in the nominated program.

             (6)  If the nominee holds a visa, the Minister is satisfied that the sponsor has listed on the nomination each secondary sponsored person who holds the same visa as the nominee on the basis of the secondary sponsored person's relationship to the nominee.

             (7)  However, the Minister may disregard the fact that one or more secondary sponsored persons are not listed on the nomination if the Minister is satisfied that it is reasonable in the circumstances to do so.

             (8)  The Minister is satisfied that the sponsor has provided the following:

                     (a)  information that identifies the employer or employers in relation to the nominated program, including:

                              (i)  the location and contact details of each employer; and

                             (ii)  if the sponsor and the employer are not the same person--the relationship between the sponsor and the employer;

                     (b)  information that identifies the location or locations where the nominated program will be carried out;

                     (c)  information that identifies each member of the family unit of the nominee who holds, or proposes to apply for, the same visa as the nominee on the basis of satisfying the secondary criteria.

             (9)  For the purposes of paragraph (8)(a), if undertaking the nominated program is a volunteer role (within the meaning given by subregulation 2.57(5)), employer includes the person or organisation responsible for the tasks to be carried out as part of the nominated program.

           (10)  The Minister is satisfied that the sponsor has certified, in writing and as part of the nomination, whether or not the sponsor has engaged in conduct in relation to the nomination that constitutes a contravention of subsection 245AR(1) of the Act.

           (11)  The Minister is satisfied that:

                     (a)  there is no adverse information known to Immigration about the sponsor or a person associated with the sponsor; or

                     (b)  if any adverse information is known to Immigration about the sponsor or a person associated with the sponsor--it is reasonable to disregard the information.

           (12)  The Minister is satisfied that:

                     (a)  the occupational training will be provided directly by the sponsor; or

                     (b)  the sponsor is supported by a Commonwealth agency, and the Commonwealth agency has provided a letter endorsing the arrangement for the provision of the occupational training; or

                     (c)  the sponsor is specified in a legislative instrument made by the Minister for the purposes of this paragraph; or

                     (d)  the occupational training will be provided in circumstances specified in a legislative instrument made by the Minister for the purposes of this paragraph.

           (13)  The Minister is satisfied that the sponsor does not engage in, or intend to engage in, activities that will have adverse consequences for employment or training opportunities, or conditions of employment, for Australian citizens or Australian permanent residents.

           (14)  The Minister is satisfied that the nominee has functional English.

Note:          For functional English , see subsection 5(2) of the Act.

           (15)  Regulation 2.72B applies to the nomination.

           (16)  The Minister is satisfied that the nominated program is offered as a genuine training opportunity for a purpose referred to in the subregulation of regulation 2.72B that applies.



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