Moezivafa (Migration)

The applicant, Moezivafa, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the refusal of a Skilled (Residence) (Class VB) visa, specifically a Subclass 887 (Skilled-Regional) visa. The core of the dispute concerned whether the applicant had met the requirement of undertaking full-time work in a regional area.

The AAT was required to determine whether the applicant had provided sufficient evidence to satisfy the criteria for the grant of the Subclass 887 visa, particularly concerning the nature and duration of their employment in a regional area. This involved assessing the adequacy of the documentation presented to substantiate the claimed full-time work and associated remuneration.

The Tribunal affirmed the decision not to grant the visa, finding that the applicant did not satisfy the criteria. This conclusion was based on the assessment that the applicant's work in a regional area was not sufficiently substantiated to meet the full-time work requirement. Consequently, as this was the only relevant visa subclass under consideration, the AAT's decision to affirm the refusal was upheld.