Paparella (Migration)

The Administrative Appeals Tribunal considered the applications of Mr. Paparella for a Subclass 187 (Regional Sponsored Migration Scheme) visa, Direct Entry stream, and his secondary applicant, Ms. Eleonora Romani. The primary dispute concerned whether Mr. Paparella met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994, specifically in relation to his nominated position as a Pastrycook.

The Tribunal was required to determine if the nominated position was the subject of an approved nomination in regional Australia, if the applicant was identified in relation to that position, and if the employer making the nomination was the entity that would employ the applicant. Further issues included whether the nomination had been approved and not withdrawn, whether there was any adverse information concerning the nominator or associated persons, if the position remained available, and if the visa application was lodged within six months of the nomination's approval. The Tribunal also had to consider the eligibility of the secondary applicant, Ms. Romani, which was contingent on Mr. Paparella being granted the primary visa.

The Tribunal found that the Nominator was the entity that would employ Mr. Paparella, that the nomination was approved on 22 June 2022 and had not been withdrawn, and that the position remained available. It also noted that the visa application was made before the nomination was approved, thus satisfying the requirement that it was not made more than six months after approval. The Tribunal was not aware of any adverse information regarding the nominator. However, because the secondary applicant's eligibility depended on the primary applicant holding the visa, and Mr. Paparella did not yet hold the visa, the Tribunal could not make a positive finding for Ms. Romani.

Consequently, the Tribunal remitted both applications for reconsideration. It directed that Mr. Paparella met the criteria under clause 187.233 of Schedule 2 to the Regulations, and that Ms. Romani's application should also be reconsidered by a delegate of the Minister.