Alwright (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking review of a decision concerning a Subclass 417 (Working Holiday) visa. The central dispute revolved around whether the applicant had fulfilled the requirement of undertaking specified work in regional Australia for a period equivalent to at least three months of full-time employment.

The Tribunal was tasked with determining if the applicant had carried out the requisite specified work in regional Australia, if this work constituted at least three months of full-time employment, and if the applicant had been remunerated in accordance with Australian legislation and awards. The applicable instrument for defining "specified work" and "regional Australia" was IMMI 17/018 Working Holiday Visa – Specified Work and Regional Australia Instrument 2017.

The Tribunal found that the applicant's work as a labourer for Mems 56 Pty Ltd in Broadmeadow, Queensland, from 19 September 2019 to 2 January 2020, fell within the "construction" category of specified work and was undertaken in a regional area as defined by IMMI 17/018. Furthermore, based on the employer's verification and pay slips, the Tribunal was satisfied that the applicant had worked full-time for an equivalent of three and a half months. The remuneration received was also found to be in accordance with relevant Australian legislation and awards, including the national minimum wage and the base level wage for a construction worker. Consequently, the Tribunal concluded that the applicant satisfied clause 417.211(5) of Schedule 2 to the Regulations. The Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant meets this specific criterion.