San (Migration)

This matter concerned an appeal by Mr San against the decision not to grant him a Skilled (Residence) (Class VB) visa, specifically a Subclass 887 (Skilled - Regional) visa. The dispute centred on whether Mr San met the work experience requirements stipulated by clause 887.213 of Schedule 2 of the Migration Regulations 1994. The decision was made by the Tribunal, presided over by Member Katie Malyon.

The primary legal issue before the Tribunal was to determine if Mr San had, at the time of his visa application, worked full-time in a specified regional area for a total of at least one year as the holder of one or more eligible visas. The definition of a "specified regional area" was also relevant, which, in Mr San's case, encompassed the entire Northern Territory.

The Tribunal considered Mr San's evidence of employment, which included seven months of full-time work as a Senior IT/Network Engineer in Yarrawonga, Northern Territory, from March to October 2015. While Mr San had a favourable skills assessment and had since accumulated nearly two years of experience with the same employer, he acknowledged that at the time of his Subclass 887 visa application on 25 October 2015, he had only just over seven months of relevant work experience, falling short of the required twelve months. The Tribunal noted that Mr San had not sought professional advice regarding his visa applications.

The Tribunal affirmed the decision not to grant Mr San the Skilled (Residence) (Class VB) visa, concluding that he did not satisfy the work experience requirement under clause 887.213 of the Regulations at the time of his application. The Tribunal also noted that Mr San was in a position to seek professional advice should he choose to approach the Minister.