1516127 (Migration)

This matter concerned an application for a Working Holiday (Temporary) (Class TZ) visa by a British citizen. The applicant claimed to have completed the requisite specified work in regional Australia for at least three months, as required by clause 417.211 of the Migration Regulations 1994. The delegate of the Minister refused the visa application, finding that the applicant had failed to provide sufficient evidence of having undertaken the claimed specified work in regional Australia. The applicant sought review of this decision before the Tribunal.

The Tribunal was required to determine whether the applicant had carried out the requisite specified work in regional Australia for a total period of at least three months, as a holder of a Working Holiday visa, at the time of the visa application. This involved interpreting the definitions of "specified work" and "regional Australia" as set out in the relevant instrument, IMMI16/041, and considering the meaning of "work" as defined in the Regulations and departmental guidelines regarding the duration and nature of the work.

The Tribunal noted that clause 417.211 did not explicitly require the work to be conducted on a full-time basis, nor did the instrument for specified work. However, the delegate was unable to verify the applicant's claimed employment despite attempts to contact the employer. The applicant had provided a Form 1263 and a job description form after being requested to supply additional evidence. The Tribunal concluded that the delegate had made findings that were not supported by the evidence before the Tribunal, particularly concerning the applicant's failure to provide evidence of travel, residence, or work in the specified postcode.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant meets the criteria under clause 417.211(5) of Schedule 2 to the Regulations.