1601685 (Migration)

This matter concerned an application for a Working Holiday (Temporary) (Class TZ) visa, brought before the Tribunal by an applicant seeking to have their visa application reconsidered. The core dispute revolved around whether the applicant had fulfilled the requirement of undertaking at least three months of specified work in regional Australia while holding a Working Holiday visa, as stipulated by clause 417.211 of the relevant regulations.

The Tribunal was required to determine if the applicant had provided sufficient evidence to satisfy the criteria of clause 417.211(5), specifically concerning the performance of specified work in regional Australia for the requisite period. This involved assessing the applicant's submitted documentation, including a payslip and a PAYG summary, in light of the delegate's initial concerns about the adequacy of proof of employment. The Tribunal also had to consider the definitions of "specified work" and "regional Australia" as provided by the applicable ministerial instrument, IMMI 16/041.

The Tribunal reasoned that the applicant had presented sufficient evidence to establish that she had carried out specified work in regional Australia for at least three months. This conclusion was based on the applicant's submission of a payslip showing a year-to-date figure of $15,648, corroborated by a PAYG Summary for the year ended 30 June 2015. The Tribunal inferred from these documents, alongside evidence of the applicant's visa expiry date, that she had worked for approximately 20 fortnights, thereby exceeding the minimum three-month requirement. Consequently, the Tribunal directed that the application be remitted to the Minister for reconsideration, with a finding that the applicant met the criteria under clause 417.211(5).