1508453 (Migration)

This matter concerned an application for a Subclass 887 Skilled (Residence) visa. The primary issue before the tribunal was whether the first named applicant had fulfilled the requirement of working full-time in a specified regional area for at least one year, as stipulated by clause 887.213 of the Migration Regulations 1994. The applicant had relied on a Class VF (Subclass 475) visa, granted on 23 June 2011, at the time of her Subclass 887 visa application.

The tribunal was required to determine if the documentary evidence presented by the applicant established that she had worked full-time in a specified regional area for a total of at least one year. This involved assessing periods of employment, including voluntary work, and considering whether part-time employment could be aggregated to meet the full-time requirement. The definition of a "specified regional area" as per clause 887.111 was also relevant to the determination.

The tribunal found that the applicant had provided sufficient evidence to satisfy clause 887.213. This included periods of full-time employment at Pro AV Solutions Australia Pty Ltd, Wirrina Cove Resort, and Can Do Hearing Group, as well as voluntary work at Can Do Hearing Group. The tribunal also considered additional documentary evidence submitted by the applicant's representative, including statements and timesheets, which corroborated the periods of employment and voluntary work. Based on this evidence, the tribunal concluded that the first named applicant had met the criteria for full-time work in a specified regional area for at least one year.

Consequently, the tribunal remitted the applications for Skilled (Residence) (Class VB) visas for reconsideration by the Minister, with a direction that the first named applicant meets the criteria under clause 887.213 of Schedule 2 to the Regulations.