Jagadeesan (Migration)

This matter concerned an application for a Skilled (Residence) (Class VB) visa, Subclass 887 (Skilled - Regional). The applicant sought review of a decision that she had not met the requirements for the visa, specifically concerning the duration of her full-time work in a specified regional area. The Tribunal was tasked with reconsidering the applicant's eligibility for the visa.

The central legal issue before the Tribunal was whether the applicant had, at the time of her visa application, worked full-time in a specified regional area for a total of at least one year, as required by clause 887.213 of the Migration Regulations. This involved determining if the applicant held one of the specified skilled or bridging visas and if her claimed employment as an IT and Business Manager for 'Youwe Tech Pty Ltd' between November 2016 and December 2018 constituted full-time work in a designated regional area.

The Tribunal considered the applicant's visa history, noting she held a Subclass 489 visa and subsequently a bridging visa, satisfying the visa holding requirement. It also found that her claimed employment was in a designated regional area. However, the Tribunal noted that the delegate was not satisfied that the applicant had provided sufficient evidence to demonstrate she had worked full-time for at least one year in a specified regional area. The delegate had requested further evidence on this point.

Consequently, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal directed that the first applicant met the criteria under clause 887.213 of Schedule 2 to the Regulations, implying that further consideration of the evidence regarding full-time work was necessary.