Mukandi (Migration)

This matter concerned an application for a Skilled (Residence) (Class VB) Skilled - Regional (subclass 887) visa. The primary applicant sought to satisfy clause 887.213, which requires the applicant to have worked full-time in a specified regional area for a total of at least one year as the holder of a specified skilled or bridging visa. The Tribunal was asked to determine whether the applicant had met this criterion.

The central legal issue before the Tribunal was whether the primary applicant had complied with the requirements of clause 887.213 of the Migration Regulations 1994. Specifically, the Tribunal had to ascertain if the applicant had worked "full-time" in a "specified regional area" for a cumulative period of at least one year between 15 April 2015 and 18 July 2017, while holding a qualifying visa. The applicant's own statements indicated a mix of full-time, part-time, and casual work, and she acknowledged that the "continuous part" of the requirement was an issue.

The Tribunal found that the primary applicant had not satisfied clause 887.213. Based on the evidence presented, the Tribunal concluded that the applicant had not worked full-time in the specified regional area for the required total of at least one year. As the primary applicant did not meet the criteria for the visa grant, it followed that the secondary applicants, as members of the family unit, also did not meet the requirements. Consequently, the Tribunal affirmed the decision not to grant the Skilled (Residence) (Class VB) Skilled - Regional (subclass 887) visas to the applicants. The Tribunal also noted the applicant's right to refer the case to the Minister for consideration under section 351 of the Migration Act 1958.