1609696 (Migration)

This matter concerned an application for a Working Holiday (Temporary) (Class TZ) visa, specifically a Subclass 417 visa. The applicant sought to demonstrate that they had fulfilled the requirement of carrying out specified work in regional Australia for a period equivalent to at least three months of full-time work, while holding a Subclass 417 visa, and that they had been remunerated in accordance with Australian legislation and awards. The applicant had declared undertaking specified work at Uabba Station between September and December 2015, within a postcode area defined as regional Australia by the relevant ministerial instrument.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria under clause 417.211 of Schedule 2 to the Regulations, specifically concerning the completion of the requisite specified work in regional Australia. This involved determining if the work undertaken qualified as "specified work" as defined by the applicable ministerial instrument, if the location fell within "regional Australia," and if the applicant had provided sufficient evidence to substantiate the duration and remuneration of this work.

The Tribunal considered the applicant's declarations, the limited documentary evidence initially provided to the department, and the additional evidence presented at the hearing, including oral testimony and a bank statement. The Tribunal accepted that the work undertaken at Uabba Station constituted "plant and animal cultivation" and that the declared postcode was within the specified regional area. Based on the applicant's oral evidence detailing hours worked and the bank statement showing wage payments, the Tribunal was satisfied that the applicant had completed the equivalent of three months of full-time work and had been remunerated accordingly. Consequently, the Tribunal found that the applicant met the criteria under clause 417.211(5).

Given these findings, the Tribunal remitted the application for the Subclass 417 visa to the Minister for reconsideration, with a direction that the applicant had satisfied the specified work criteria. The Minister was to consider the remaining criteria for the visa.