Aversa (Migration)

This matter concerned an application for a Working Holiday (Temporary) (Class TZ) visa, Subclass 417, brought before the Tribunal by the applicant, Aversa. The central dispute revolved around whether the applicant had satisfied the requirements for specified work in regional Australia, a condition precedent to the grant of the visa.

The Tribunal was required to determine whether the applicant had carried out the requisite specified work in regional Australia, as defined by clause 417.211 of the relevant regulations and the instrument IMMI 17/018. Specifically, the Tribunal had to assess if the applicant had performed work equivalent to at least three months of full-time work, was remunerated in accordance with Australian legislation and awards, and if the work undertaken constituted "specified work" in a designated "regional Australia" postcode.

The Tribunal found that the applicant had indeed worked in a postcode listed in the relevant instrument, specifically postcode 4670. It was satisfied that the applicant's work as a picker and packer of vegetables, including sweet potatoes, qualified as "specified work" under the definition of "harvesting and/or packing of fruit or vegetable crops." Furthermore, the Tribunal was satisfied that the applicant was paid in accordance with the Horticulture Award 2010, meeting the minimum hourly rates for a "Level 1 Casual" employee during the relevant periods. The Tribunal also confirmed that the applicant had undertaken specified work for periods totalling at least 84 days, and indeed, for at least seven additional days, acknowledging that the applicant sometimes worked for multiple employers concurrently.

Consequently, the Tribunal remitted the application for a Working Holiday (Temporary) (Class TZ) visa for reconsideration by the Minister. The remittal was made with the direction that the applicant met the criteria specified in cl.417.211(5) and cl.417.211(5) for the purposes of cl.417.221(2)(a) of Schedule 2 to the Regulations.