Duval (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Residence) (Class VB) visa, specifically a Subclass 887 visa. The applicant sought review of a decision concerning their eligibility for this visa.

The central legal issue before the Tribunal was whether the applicant had satisfied the requirement of working full-time in a specified regional area for a total of at least one year, as stipulated by clause 887.213 of Schedule 2 to the Migration Regulations. The applicant had provided evidence of working as a subcontractor on a full-time basis in a regional area for the requisite timeframe.

The Tribunal found that the applicant had indeed met the criteria for working full-time in a regional area for the required period. Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration, with a specific direction that the first named applicant was found to meet the criteria under clause 887.213 of Schedule 2 to the Regulations.