Liu (Migration)

This matter concerned an application for a Skilled (Residence) (Class VB) visa, Subclass 887 (Skilled – Regional), brought by the applicant, Ms Liu. The core dispute revolved around whether the applicant had satisfied the requirement of having worked full-time in a specified regional area for at least one year as the holder of a specified visa. The decision was made by Jade Murphy, a Member of the Tribunal.

The legal issues before the Tribunal were whether the applicant had met the regional work requirement as stipulated by clause 887.213 of the Migration Regulations 1994. This clause mandates at least one year of full-time employment in a specified regional area while holding a qualifying visa. The Tribunal also had to consider the nature of the evidence required to substantiate such a claim, particularly whether an employment reference letter alone was sufficient, and whether independently verifiable evidence was necessary.

The Tribunal found that the applicant had held the requisite visas, including a Subclass 489 visa and a bridging visa, and that her claimed employment was in a designated regional area. However, the delegate had previously found that an employment reference letter provided by the applicant was insufficient and not independently verifiable. The applicant contended that supporting documentation had been provided to her migration agent, who failed to submit it to the Department. The Tribunal noted the applicant's detailed account of her employment at Zen X Restaurant and her supplementary casual work.

Ultimately, the Tribunal concluded that the matter should be remitted for reconsideration. The direction was that the first named applicant meets the criteria under clause 887.213 of Schedule 2 to the Regulations, allowing the Minister to consider the remaining criteria for the Subclass 887 visa.