Aherne (Migration)

The Administrative Appeals Tribunal considered an application by Mr. Aherne for a third Subclass 417 (Working Holiday) visa, which had been refused by a delegate. The core dispute centred on whether the applicant had completed at least six months of "specified Subclass 417 work" after 1 July 2019, while holding a relevant visa, and had been remunerated appropriately. The applicant claimed to have performed formwork carpentry duties in a regional postcode area for RTM (AUS) Pty Ltd.

The legal issues before the Tribunal were whether the applicant's work as a formwork carpenter at a concrete precast factory constituted "specified Subclass 417 work" as defined by the Migration (LIN 20/182: Subclass 417 (Working Holiday) visa – Specified work and places) Instrument 2020, and whether he had met the remuneration requirements. The delegate had concluded the work was not specified work, but provided no reasoning. The applicant argued that constructing formwork, rather than manufacturing concrete, fell under the definition of construction work in LIN 20/182.

The Tribunal reasoned that the delegate's decision lacked sufficient reasoning regarding why the applicant's formwork carpentry did not qualify as specified work. Evidence presented to the Tribunal, including a letter from the applicant's employer and submissions from his representative, indicated that the applicant performed duties consistent with heavy and civil engineering construction, as outlined in Item 4(b) of Table 1 in section 7 of LIN 20/182. The Tribunal found that the applicant had been remunerated for this work.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met the criteria under clause 417.211(6) of Schedule 2 to the Regulations concerning specified work.