Favetta (Migration)

This matter concerned applications for Regional Employer Nomination (Permanent) (Class RN) visas, Subclass 187 (Regional Sponsored Migration Scheme), direct entry stream, made by Mr Devid Favetta and Ms Gloria Bavila. The dispute arose from the refusal of the visa applications, which followed the refusal of a related position nomination application by the employer, Apribase Pty Ltd. The case was heard by the Administrative Appeals Tribunal (AAT).

The primary legal issue before the Tribunal was whether the applicant, Mr Favetta, met the requirements of clause 187.233(3) of Schedule 2 to the Migration Regulations 1994, specifically concerning the nominated position. This clause requires, among other things, that the nominated position be located in regional Australia, that the nomination has been approved and not withdrawn, that the position remains available, and that the visa application was made within six months of the nomination's approval. The Tribunal also considered the application of Ms Bavila, who applied as a member of Mr Favetta's family unit.

The Tribunal reasoned that the employer's nomination application, initially refused by the Department, had been successfully reviewed by the AAT, which set aside the refusal and substituted a decision to approve the nomination. Consequently, the Tribunal found that Mr Favetta satisfied clause 187.233(3). As Ms Bavila's application was dependent on Mr Favetta's, her application would be determined by the outcome of his.

Given these findings, the Tribunal remitted the visa applications for reconsideration by the Minister, with a direction that Mr Favetta met the criteria under clause 187.233(3). The Minister was to consider the remaining criteria for the visa.