Preparing evidence for an AAT review of a refused 407 visa in 2026

Start with the refusal letter, not with a document checklist. Under the Department of Home Affairs Training visa (Subclass 407) official page, as at the August 2026 version of that page, a refusal is notified in writing, and the notice must state why the visa was refused and whether you have a right to a review of the decision. That notice is the map for your evidence work: every reason it lists corresponds to a specific clause in Schedule 2 to the Migration Regulations 1994 or a specific assessment point in the department's PAM3 guidance, and the review is where you get to answer those points with better material than you filed the first time.

What does the refusal notice actually tell you about the evidence gap?

A refusal rarely says "your bundle was too thin." It says which criterion was not met — clause 407.212 (functional English), clause 407.213 or 407.214 (sponsor or nomination), clause 407.216 (health insurance), clause 407.217 (genuine intention to stay temporarily), clause 407.219 (adequate means of support), or a public interest criterion such as PIC 4020 (bogus documents or misleading information).

Treating each refusal reason as a labelled gap changes the job from "send more paper" to "answer this clause." Evidence that does not speak to a listed reason adds weight without adding relevance, and relevance is what a review member weighs.

One practical note: where the refusal turns on information you were never asked to comment on, the department's own PAM3 guidance records that further information must be requested in writing before a nomination is refused, and that a natural justice letter under section 56 of the Migration Act 1958 must be issued where adverse information is being considered. If the refusal rests on something you had no chance to address, that is itself part of the record you bring forward.

Which 407 criteria most often fail, and what evidence answers each one?

Criterion	Source of the rule	Evidence that directly answers it
Functional English	clause 407.212; PAM3 3.3.4.11	An approved test result (IELTS, TOEFL iBT, PTE Academic or Cambridge CAE), or at least two years of full-time study for a degree or diploma taught in English, or a valid passport from the UK, Canada, New Zealand, the United States or Ireland
Sponsor and nomination	clauses 407.213, 407.214	The sponsor's approval letter; your sponsor's nomination approval letter, if your sponsor is not an Australian Commonwealth Government agency (or, for a Commonwealth agency sponsor, a copy of the invitation to participate in the training); and a written statement that the sponsor will meet its sponsorship obligations for you and any dependent family members, including delivering the agreed training
Genuine training, not work	PAM3 3.3.5.2, 3.3.5.3	A structured, individualised training plan with objectives, a current skills assessment, a training needs analysis, defined tasks and timeframes, and a supervision and evaluation mechanism
Health insurance	clause 407.216	Evidence of adequate health insurance covering you and your family for the whole stay
Financial capacity	clause 407.219; PAM3 3.6.9	Bank statements, a letter from your financial institution, employment contracts, or documents showing allowances, accommodation and stipends from the sponsor
Identity	Home Affairs document guidance	Passport pages showing photo, personal details and issue and expiry dates; a national identity card if you have one; change-of-name documents
Character	Home Affairs document guidance; PIC 4001	An AFP National Police Certificate (complete disclosure only) where you have spent 12 months or more in Australia in the last 10 years since turning 16, plus Forms 80 and 1221

The pattern across these rows is specificity. A bank statement that shows a closing balance answers clause 407.219; a spreadsheet of projected expenses does not. A training plan naming the supervisor, the tasks and the assessment points answers PAM3 3.3.5.3; a generic template does not.

How do you prove the training is genuine rather than a job?

This is the most common failure point for Subclass 407 and the one where evidence quality matters most. PAM3 sets a benchmark for workplace-based training: at least 30 hours per week, with at least 70% of the training delivered in the workplace rather than in a classroom or similar instructional setting, and the plan must distinguish supervised practice from observation.

The three nomination types carry different evidence burdens:

Type 1 (registration) — the training period must line up with the registration requirement, taking the applicant's existing experience into account.
Type 2 (skills enhancement) — the applicant needs at least 12 months of full-time-equivalent relevant experience in the 24 months before nomination, and the occupation must be on the relevant skilled occupation list specified by legislative instrument.
Type 3 (overseas capacity building, including professional development) — classroom-style delivery dominates, with PAM3 indicating at least 55% face-to-face classroom training for professional development; the applicant should be in a managerial or professional role with an overseas employer, and the training must relate to that employer's business.

For professional development cases, the official Home Affairs page adds two documents that are easy to overlook: a sponsor statement confirming you are doing the training specified in the application and that you have the relevant managerial or professional skills and experience, and a signed letter on company letterhead from your current manager setting out your position and duties.

Assume a reviewer is asking one question of the whole file: does this programme exist because this person needs training, or because this workplace needs a worker? Repeated nominations from the same sponsor built on a reusable plan point toward the second answer. Evidence that the plan was written for you — a skills assessment naming your gaps, tasks sequenced from simple to complex, a named qualified supervisor — points to the first.

What strengthens functional English evidence at review?

Functional English is defined by reference to subsection 5(2) of the Migration Act 1958 and can be established in several ways. The Home Affairs functional English guidance and the visa document list both point to approved test results and to passport-based exemptions for holders of valid passports from the United Kingdom, Canada, New Zealand, the United States and the Republic of Ireland. PAM3 adds two years of full-time study towards a degree or diploma taught in English, and assessment by interview, taking the English demands of the occupation into account.

If the refusal was based on an absent or borderline result, the fix is documentary: a current test result from a test PAM3 names, framed against the training you will actually do. An interview-based assessment is described as available, but it is a discretionary route rather than a substitute for a result you could obtain.

How do you evidence money and health insurance without gaps?

For financial capacity, the official page names bank statements, a letter from your financial institution stating your financial position, employment contracts, and documents showing allowances, accommodation and stipends from your sponsor while you are in Australia. Where you are or were an AusAID or Foreign Affairs supported student, a copy of the DFAT letter of support is listed.

Adequate health insurance must be evidenced for you and your family members for the duration of the stay in Australia. The practical failure mode is a policy that starts late or ends before the training ends — the training period can run up to two years under clause 407.511, and PAM3 notes a stay of up to two months beyond the programme can be granted for purposes such as completing registration or departing.

Keep the arithmetic visible. A reviewer should be able to see, from the documents themselves, that your own funds cover the period claimed, because you must have adequate means of support without needing to work.

Should you re-argue identity, character and PIC 4020 findings?

Identity is unforgiving. The Home Affairs page states that if you cannot prove your identity the application will be refused, and that the department might not grant you — or family members listed on the application — another visa for 10 years. At review, the answer is the passport pages actually requested plus a national identity card and, where names differ, a marriage or divorce certificate, a change-of-name record from an Australian registry or overseas authority, or documents showing other names used.

Character evidence is triggered by time spent in a country: an Australian police certificate where you have spent a total of 12 months or more in Australia in the last 10 years since turning 16, and, depending on circumstances, overseas police certificates for every country where you spent 12 months or more in that period. Only complete disclosure National Police Certificates issued by the Australian Federal Police are accepted; standard disclosure certificates and state or territory police certificates are not.

PIC 4020 is different in kind. PAM3 records that false or misleading documents can lead to refusal and a possible three-year bar. Additional evidence rarely cures an integrity finding; the work there is an accurate, documented explanation of what happened, rather than a larger bundle.

Does the review re-test the same criteria, and what timing rules apply?

A merits review re-examines the decision — whether it was the correct and preferable one on the material before the reviewer — which is why evidence created after the refusal can matter. A commonly cited example is functional English: a test sat after the refusal and lodged with the review addresses the criterion at the time of the review decision.

Timing is strict. AAT review periods are commonly described as 21 days where the applicant is in Australia and holds a substantive or bridging visa, and 28 days where the applicant is outside Australia, but this is a summarised figure rather than a statutory quote — the deadline printed in your refusal notice governs, and current time limits should be confirmed against the latest official publication. Two related points from the official page are worth holding onto: the department will not refund the application charge if the application is refused, and the decision notice will state whether you have a review right at all.

Also note where a review cannot help. If the underlying nomination was refused or has ceased, clause 407.214 requires an approved nomination that has not ceased where the approved sponsor is not a Commonwealth agency (Australian Commonwealth Government agencies are not required to nominate), so a fresh sponsorship and nomination sequence — temporary activities sponsor approval, then nomination where required — sits upstream of the visa application. Fixing the visa file alone will not cure an absent nomination.

Who can lawfully prepare this evidence with you?

Only some people can lawfully give immigration assistance for a fee. Per the Home Affairs Training visa (Subclass 407) page and its guidance on who can help, a person giving immigration assistance must be a registered migration agent, a legal practitioner, or an exempt person. Anyone can be appointed to receive documents on your behalf: Form 956A appoints or withdraws an authorised recipient, and Form 956 appoints a registered migration agent, legal practitioner or exempt person.

That distinction matters at review, where the written submissions and the documentary record carry the case. A person appointed to give immigration assistance must be within one of those three categories; engaging someone only to translate documents does not itself mean that person is giving immigration assistance.

This article is general information about how the criteria and document lists work, not advice on any individual case, and it is not a substitute for the official pages or for assistance from someone authorised to give it; your own refusal notice and the latest official guidance will always control what you need to file.

Frequently Asked Questions

Can I fix a weak training plan after the visa is refused?

Yes, in the sense that a review can consider a revised plan, provided the nomination underpinning it is still approved and has not ceased. A rewritten plan should meet the PAM3 structure — objectives, current skills assessment, training needs analysis, tasks and timeframes, and supervision and evaluation — and should show at least 30 hours per week with at least 70% delivered in the workplace.

Can I sit a new English test and submit it at the review?

A new result from an approved test (IELTS, TOEFL iBT, PTE Academic or Cambridge CAE) is the standard way to answer a clause 407.212 refusal, and it is evidence about your English at the time of the review decision. Holders of valid passports from the UK, Canada, New Zealand, the United States or Ireland do not need to provide test results.

How long do I have to lodge the review?

Periods of 21 days for applicants in Australia holding a substantive or bridging visa and 28 days for applicants outside Australia are widely cited, but they are summarised figures; the deadline in your refusal notice is what applies, and you should confirm current limits against the latest official publication.

Will I get the application charge back if the refusal stands?

No. The Home Affairs page states that the application charge is not refunded if the application is refused.

Do I need a new nomination for the review?

Only if the nomination was refused, has ceased under regulation 2.75A, or has passed its validity period — PAM3 refers to a nomination validity of 12 months or less. A valid nomination still requires the sponsor approval letter, your sponsor's nomination approval letter if your sponsor is not an Australian Commonwealth Government agency (or, for a Commonwealth agency sponsor, a copy of the invitation to participate in the training), and the sponsor's written statement of obligations.

Is the evidence different for unpaid training?

Yes. PAM3 requires unpaid arrangements to comply with the Fair Work Act, with Forms 1283 and 1284 and evidence of reasonable accommodation from the sponsor under regulation 2.85; missing items of this kind are listed as a standalone refusal ground.

What if the refusal cited identity problems?

Provide the passport pages showing photo, personal details and issue and expiry dates, plus a national identity card and change-of-name evidence if relevant. The department's stated consequence of failing to prove identity is refusal, plus a possible 10-year bar on further visas for you and for family members listed on the application.