Perazzolo (Migration)

This matter concerned an application for review of decisions not to grant Training (Subclass 407) visas to Mr Giampietro Perazzolo and Miss Zanellato. The first applicant, Mr Perazzolo, was the subject of a nomination application made by Italian Enterprises Pty Ltd, which had been refused by the Department and subsequently affirmed by the Tribunal. The second applicant, Miss Zanellato, was also a named applicant for the visa. The decision was made by Antonio Dronjic, a member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicants met the requirements of clause 407.214(b) of Schedule 2 of the Migration Regulations 1994, which mandates that a nomination must have been approved under section 140GB of the Migration Act 1958 on the basis of the criteria in regulation 2.72A. This clause is applicable when the approved sponsor is not a Commonwealth agency, as was the case here.

The Tribunal reasoned that the nomination application made by Italian Enterprises Pty Ltd in relation to Mr Perazzolo had not been approved. This was evidenced by the Department's refusal of the nomination on 20 August 2019, and the Tribunal's own affirmation of that refusal on 15 October 2021. Consequently, Mr Perazzolo did not satisfy the primary criteria for the grant of a Subclass 407 visa under clause 407.214(b). As Mr Perazzolo did not meet the primary criteria, the Tribunal found that the second applicant, Miss Zanellato, could not satisfy the secondary criteria, and there was no evidence that she met the primary requirements herself.

Accordingly, the Tribunal affirmed the decisions not to grant the Training Subclass 407 (Class GF) visas to the applicants.