1604173 (Migration)

This matter concerned an application for a Subclass 417 visa, where the applicant sought judicial review of a decision by the Migration Review Tribunal. The central dispute revolved around whether the applicant had fulfilled the requirements of clause 417.211(5) of Schedule 2 to the Regulations, specifically concerning the completion of the requisite "specified work" in regional Australia.

The Tribunal was required to determine if the applicant had performed work in regional Australia for a period equivalent to at least three months of full-time work, as a holder of a Subclass 417 visa, and if remuneration for work undertaken from 1 December 2015 met Australian legislative and award standards. The definition of "specified work" and "regional Australia" were to be interpreted by reference to the Minister's instrument, IMMI 08/048.

The Tribunal considered evidence including completed Form 1263 Working Holiday visa: Employment verification forms, payslips, and bank statements. These documents detailed various periods of employment in regional postcodes, including cane planting, fruit picking, and vineyard labour. The Tribunal found that the declared work, excluding certain employments it deemed unnecessary to consider, was sufficient to meet the requirements of clause 417.211(5). The bank statements corroborated payments from employers and indicated purchases made in the relevant regional areas.

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 cl.417.211(5) of Schedule 2 to the Regulations.