Jalandoni (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Skilled (Residence) (Class VB) visa, Subclass 887 (Skilled - Regional). The applicant's application for this visa was refused by the Department, and the applicant sought review of that decision. The Tribunal, presided over by Warren Stooke AM, was tasked with determining whether the applicant met the eligibility requirements for the visa.

The central legal issue before the Tribunal was whether the applicant had satisfied the requirement of having at least 12 months of full-time work experience in a specified regional area prior to lodging their visa application. This requirement is stipulated in clause 887.213 of the Migration Regulations 1994. The Tribunal also considered the applicant's residential address at the time of application, their earnings, and the location of their employment.

The Tribunal's reasoning focused on the applicant's residential address, which was Epping, a metropolitan suburb of Melbourne, at the time of application. While the applicant provided evidence of working in Bundorra, which was within the state of Victoria and thus considered a "specified regional area" under relevant instruments, the Tribunal found that the applicant did not meet the residency requirements. The applicant's limited total earnings and the nature of the work as a Food Service Assistant were also noted, but the primary failing identified was the applicant's residence in a metropolitan area at the time of application, which contravened the spirit and likely the letter of the regional requirements for this visa subclass.

Consequently, the Tribunal concluded that the applicant did not satisfy the criteria for the grant of a Subclass 887 visa. The decision under review, which refused the visa, was therefore affirmed.