1609466 (Migration)

This matter concerns an application for a Working Holiday (Temporary) (Class TZ) visa, specifically a Subclass 417 visa. The applicant sought to have the Tribunal reconsider a decision concerning whether they had fulfilled the requirements of clause 417.211 of Schedule 2 to the Regulations, which mandates the completion of at least three months of specified work in regional Australia while holding a Working Holiday visa. The Tribunal, presided over by Meena Sripathy, was tasked with determining if the applicant had met this crucial criterion.

The central legal issue before the Tribunal was whether the applicant had carried out the requisite specified work in regional Australia for a total period of at least three months as the holder of a Working Holiday visa. This required the Tribunal to assess the applicant's declared work experience against the definitions of "specified work" and "regional Australia" as set out in IMMI 08/048, and to consider the evidence presented regarding the nature, location, and duration of the work, as well as the applicant's remuneration.

The Tribunal's reasoning focused on evaluating the evidence presented by the applicant, which included a Form 1263, business registration details for G & K Tiling, a PAYG summary, payslips, and bank statements. The Tribunal accepted that the applicant had undertaken work for G & K Tiling in the 0801 postcode area between 19 December 2014 and 27 June 2015. It found that this work fell within the construction category specified in the relevant instrument and that postcode 0801 was designated as regional. Crucially, the Tribunal was satisfied, based on the payslips and bank statements showing wage payments, that the applicant had completed more than the equivalent of three months of full-time work and had been remunerated in accordance with Australian legislation and awards. Consequently, the Tribunal concluded that the applicant satisfied clause 417.211(5).

Given these findings, the Tribunal remitted the application for a Subclass 417 visa to the Minister for reconsideration, with a direction that the applicant meets the criteria under clause 417.211(5) of Schedule 2 to the Regulations.