Tamang (Migration)

The Administrative Appeals Tribunal considered the case of Mr. Tamang concerning his application for a Skilled (Residence) (Class VB) visa, Subclass 887 (Skilled - Regional). The primary dispute revolved around whether Mr. Tamang had fulfilled the requirement of working full-time in a specified regional area for at least 12 months as a holder of a qualifying visa. The Tribunal, presided over by Warren Stooke AM, was tasked with determining if the evidence presented satisfied this crucial criterion for the visa subclass.

The legal issue before the Tribunal was whether the applicant had met the requirements of clause 887.213 of Schedule 2 to the Migration Regulations. This clause mandates that an applicant must have worked full-time in a specified regional area for at least one year while holding one or more of the specified skilled or bridging visas at the time of their visa application. The definition of a "specified regional area" was also relevant, as it varies based on the visa relied upon for the Subclass 887 application and refers to areas designated by the Minister.

The Tribunal noted that Mr. Tamang's 489 Visa, granted in January 2016, imposed a condition requiring him to live and work in a regional area. Evidence indicated he worked at the Southbank Crown Casino, which is outside a regional area, from January 2016 to November 2017, prior to lodging his Subclass 887 visa application in January 2019. While Mr. Tamang provided evidence of seeking regional employment in Geelong and residing there, and also presented confirmation of employment as a Housekeeper Supervisor and later Housekeeping Manager with Novotel West Geelong from January 2017, the Tribunal found that the matter required further consideration of the remaining criteria.

Consequently, the Tribunal remitted the applications for the Skilled (Residence) (Class VB) visas for reconsideration by the Minister. The direction was that the first named applicant and any secondary applicants must meet the criteria set out in clause 887.213 and clause 887.311 of Schedule 2 to the Regulations.