Carpanese (Migration)

The Administrative Appeals Tribunal considered the case of Mr. Carpanese concerning his application for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187, under the temporary residence transition stream. The dispute arose from the refusal of a related nomination application, which was subsequently affirmed on review by the Tribunal. Mr. Carpanese failed to respond to an invitation from the Tribunal to comment on information that was considered relevant to the decision.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.223 of the Migration Regulations 1994, specifically concerning the approval of a nominated position. This clause requires that the nominated position be approved, not subsequently withdrawn, and that there be no adverse information known to the Department about the nominator or associated persons, or that such information be disregarded. Additionally, the position must be located in regional Australia, remain available to the applicant, and the visa application must have been made within six months of the nomination's approval.

The Tribunal reasoned that the nominator's application to approve the position of Agricultural Technician was refused by the Department on 12 July 2018. This refusal was subsequently affirmed by the Tribunal on 22 July 2021. The Tribunal then invited Mr. Carpanese to comment on this information, which was crucial for satisfying the requirement of an approved nomination under clause 187.223(1). As Mr. Carpanese failed to provide any response or comments within the stipulated timeframe, the Tribunal concluded that he did not meet the criterion that the nomination be approved.

Consequently, the Tribunal affirmed the decision under review, finding that Mr. Carpanese did not satisfy the requirements for the visa subclass.