1603388 (Migration)

The Administrative Appeals Tribunal considered the application of a visa holder who sought to have their Working Holiday visa application remitted for reconsideration. The core dispute concerned whether the applicant had fulfilled the requirements of clause 417.211(5) of Schedule 2 to the Regulations, specifically whether they had undertaken the requisite specified work in regional Australia.

The Tribunal was required to determine if the applicant had carried out at least three months of specified work in regional Australia while holding a Working Holiday visa, as stipulated by clause 417.211. This involved interpreting the definitions of "specified work" and "regional Australia" as provided by IMMI 08/048, a ministerial instrument. The Tribunal also needed to assess the evidence presented by the applicant, including employment verification forms, letters from their employer, payslips, and bank statements, to ascertain the nature and location of the work performed and its duration.

The Tribunal found that the applicant's formwork duties, performed at construction sites in Dawesville, Mandurah, and Silver Sands, Western Australia, constituted "specified work" under IMMI 08/048. It further determined that these locations fell within the definition of "regional Australia" as defined in the same instrument. Crediting the applicant and their employer, Mark Craig of M&A Formwork, the Tribunal accepted that the applicant worked from 15 June 2015 until the pay period ending 9 December 2015. The Tribunal also acknowledged that some days may not have involved a full day's work due to the nature of construction site operations and the coordination of various trades, finding this consistent with industry standards.

Consequently, the Tribunal remitted the application for a Working Holiday (Temporary) (Class TZ) visa for reconsideration by the Minister, with a direction that the applicant met the criteria under clause 417.211(5) of Schedule 2 to the Regulations.