Aliaga (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking review of a decision not to grant a Working Holiday (Temporary) (Class TZ) visa, subclass 417. The central dispute concerned whether the applicant had fulfilled the requirement of undertaking at least three months of "specified work in regional Australia" while holding a Subclass 417 visa, as stipulated by clause 417.211(5) of the Migration Regulations 1994 and defined by instrument LIN 20/182.

The Tribunal was required to determine if the applicant had completed the requisite period of specified work in regional Australia and had been remunerated in accordance with Australian legislation and awards. Specifically, the Tribunal had to assess whether work undertaken for Mr Dain Mavin, which the delegate had discounted due to its voluntary nature, could be counted towards the three-month requirement.

The Tribunal reasoned that the applicant's work for Mr Dain Mavin was undertaken on a voluntary basis, a fact confirmed by the applicant's statutory declaration and her evidence at the hearing. As the applicant was not paid a salary for this work, but rather received accommodation, food, and transport allocations, it did not meet the remuneration requirements for specified work. The Tribunal found that the applicant had completed seven days of specified work for Alladin Rocks, seven days for Iruri Harvest, and 56 days for MJS Harvest, totalling 70 days. This period was less than the required three months.

Consequently, the Tribunal affirmed the delegate's decision, concluding that the applicant did not meet the criteria for the grant of the Working Holiday (Temporary) (Class TZ) visa.