1508281 (Migration)

This matter concerned an application for a Skilled (Residence) (Class VB) visa, specifically a Subclass 887 visa. The applicant sought to satisfy clause 887.213, which requires full-time work in a specified regional area for at least one year while holding certain skilled or bridging visas. The core dispute revolved around whether the applicant had provided sufficient evidence to demonstrate the duration of his employment in a specified regional area.

The Tribunal was required to determine if the applicant had met the criteria under clause 887.213 of the Migration Regulations 1994. This involved assessing whether the applicant had worked full-time in a specified regional area for at least one year as a holder of a specified skilled or bridging visa at the time of his visa application on 23 March 2015. The definition of a "specified regional area" was also relevant, referring to areas designated by the Minister in a written instrument.

The Tribunal found that the applicant held a valid Subclass 487 visa, which qualified him for the purposes of clause 887.211(3)(c). The relevant regional area was identified as postcode 3220 in Victoria, as specified by IMMI 12/015. While the applicant's online application form indicated employment with Rock O’Cashel from July 2013 to April 2014, and he initially provided payslips only up to March 2014, an employer reference letter suggested ongoing employment. Crucially, the applicant and his agent later provided additional payslips demonstrating employment until August 2014, which, when combined with the initial payslips, established a period of employment exceeding 12 months. The Tribunal concluded that the applicant had met the criteria under clause 887.213.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant meets the criteria under clause 887.213.