Mohammed (Migration)

This matter concerned an application for a Skilled (Residence) (Class VB) visa, Subclass 887 (Skilled - Regional), brought before the Tribunal by the applicant, Mr Mohammed. The central dispute revolved around whether the applicant had demonstrated the required 12 months of work in a specified regional area while holding his Subclass 489 visa. The Tribunal, presided over by Member Mary Sheargold, was tasked with reviewing the applicant's claims and the evidence presented.

The primary legal issue before the Tribunal was to determine if the applicant had satisfied clause 887.213 of Schedule 2 to the Regulations, which mandates that an applicant must have worked full-time in a specified regional area for at least one year whilst holding a specified skilled or bridging visa at the time of their application for the Subclass 887 visa. This required the Tribunal to ascertain the definition of a 'specified regional area' as it applied to the applicant's Subclass 489 visa and to assess whether the applicant's work activities met this definition.

The Tribunal reasoned that the applicant had provided sufficient evidence, including updated financial information and tax returns for himself and his company, PTE Classroom Pty Ltd, to establish that he had worked in a specified regional area for the requisite period. It noted that the relevant instrument specifying regional areas at the time the applicant was granted his Subclass 489 visa (IMMI 12/021) included the entire state of Victoria. Despite the applicant initially being sponsored by the New South Wales government, the Tribunal was satisfied that he had complied with his visa conditions by establishing his business and working in western Victoria. The Tribunal concluded that the applicant met the criteria under clause 887.213.

Consequently, the Tribunal remitted the application for the Skilled (Residence) (Class VB) visa for reconsideration by the Minister, with a specific direction that the applicant had met the criteria under clause 887.213 of Schedule 2 to the Regulations.