1604649 (Migration)

The Administrative Appeals Tribunal considered an application by an individual concerning compliance with condition 8547 of her Working Holiday visa. This condition stipulates that a visa holder must not be employed by a single employer for more than six months without the prior written permission of the Secretary. The applicant had previously held a Working Holiday 417 visa, which was valid from 12 April 2015 to 12 April 2016.

The central legal issue before the Tribunal was whether the applicant had substantially complied with condition 8547. This required an assessment of the periods of employment with specific employers and whether these periods, in aggregate, exceeded the six-month limit without the necessary authorisation. The Tribunal also had to consider whether the applicant met the requirements of clause 417.222(a) of Schedule 2 to the Regulations, which pertains to applicants who have previously held a Working Holiday visa and are required to provide evidence of specified work.

The Tribunal examined documentary evidence, including employment letters, PAYG summaries, and bank transactions, to determine the applicant's employment history. It found that the applicant had worked for Top Pack Pty Ltd from 22 May 2015 to 4 August 2015, and again from 18 November 2015 to 20 February 2016. She also worked for Sutton Emp Pty Ltd from 5 August 2015 to 10 November 2015. A letter from Top Pack Pty Ltd confirmed that the applicant's total employment with that entity was less than six months, spanning 25 weeks. Based on this evidence, the Tribunal concluded that the applicant had met the specified work requirements under clause 417.222(a).

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met the criteria under clauses 417.211(5) and 417.222(a) of Schedule 2 to the Regulations.