1512874 (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 of the Regulations, which requires full-time work in a specified regional area for at least one year while holding a specified skilled or bridging visa. The Administrative Appeals Tribunal (the Tribunal) was tasked with determining whether the applicant met this criterion.

The central legal issue before the Tribunal was whether the applicant had, at the time of her visa application on 13 May 2015, worked full-time for at least one year in a specified regional area. This involved interpreting the definition of "specified regional area" under clause 887.111, which depends on the applicant's visa subclass. The Tribunal had to consider the documentary evidence provided by the applicant and her employer to substantiate her claim of full-time employment as an accounts clerk from 16 December 2013 onwards.

The Tribunal reasoned that the applicant held a Class VC subclass 487 (Skilled Graduate) visa, which qualified her under clause 887.211(2) of the Regulations. For this subclass, a "specified regional area" is defined by a Minister's written instrument. The Tribunal found that Instrument IMMI 12/021, in force at the relevant time, designated the entire state of Victoria as a designated area, and therefore a specified regional area. The Tribunal was satisfied, based on additional and detailed documentary evidence including PAYG summaries, ATO assessments, payslips, superannuation statements, and an employer's reference letter, that the applicant had indeed worked full-time for Active Electrical Distributors Pty Ltd in Moorabbin, Victoria, from 16 December 2013 to the date of her visa application. This period, even accounting for standard leave entitlements, exceeded the required one year.

Consequently, the Tribunal remitted the application for the Subclass 887 visa to the Minister for reconsideration, with a direction that the applicant meets the criterion under clause 887.213 of Schedule 2 to the Regulations.