Ch Ng (Migration)

This matter concerned an application for a Skilled (Residence) (Class VB) visa, Subclass 887 (Skilled - Regional), made by the applicant, Ch Ng. The dispute centred on whether the applicant had fulfilled the requirement of working full-time in a specified regional area for at least one year. The decision under review was made by a delegate of the Minister, and the case was brought before the Tribunal for reconsideration.

The primary legal issue before the Tribunal was to determine if the applicant had satisfied clause 887.213 of Schedule 2 to the Migration Regulations. This clause mandates that an applicant must have worked full-time in a specified regional area for a total of at least one year as the holder of an eligible skilled or bridging visa. The definition of "specified regional area" was also relevant, as it varies based on the visa relied upon by the applicant.

The Tribunal considered the evidence provided by the applicant, including payslips and Australian Taxation Office notices of assessment, which indicated employment with Flourish Specialty Coffee and Sprolo. While the applicant held an eligible visa, the delegate was not satisfied that the applicant had demonstrated full-time employment for the required one-year period, concluding she had only worked full-time for 17 weeks. The Tribunal adopted the Department of Home Affairs policy, which generally considers 35 hours per week as full-time, with some discretion, but states that less than 30 hours would not constitute full-time work.

Ultimately, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal directed that the applicant meets the criteria under clause 887.213 of Schedule 2 to the Regulations, indicating that further consideration of the remaining criteria for the Subclass 887 visa was necessary.