Quigley (Migration)

The applicant sought judicial review of a decision by the Migration Review Tribunal (MRT) to affirm the refusal of their application for a Skilled (Residence) (Class VB) visa, specifically Subclass 887 (Skilled – Regional). The core of the dispute concerned the applicant's failure to meet the two-year residence requirement, having been outside Australia for over a year. The applicant contended that compelling circumstances, namely the tragic deaths of family members in their home country and their subsequent need to remain to support their family, should have allowed for a waiver of this statutory requirement.

The primary legal issue before the court was whether the Migration Review Tribunal had erred in law by failing to recognise or exercise a discretion to waive the two-year residence requirement under the *Migration Regulations 1994* (Cth) in light of the applicant's compelling personal circumstances. The court was required to determine if the Tribunal's interpretation and application of the relevant legislative provisions were correct.

The Senior Member found that the *Migration Regulations 1994* did not confer any discretion upon the Tribunal to waive the statutory two-year residence requirement for a Subclass 887 visa, even in circumstances of compelling personal hardship. The Senior Member concluded that the applicant did not satisfy the criteria for the grant of the visa. Consequently, the decision under review was affirmed.