Carey (Migration)

The Administrative Appeals Tribunal considered an application by an applicant for a Subclass 417 (Working Holiday) visa. The central dispute concerned whether the applicant had met the requirement of undertaking at least three months of specified work in regional Australia while holding a Subclass 417 visa. The applicant had since departed Australia.

The Tribunal was required to determine if the applicant had satisfied clause 417.211(5) of Schedule 2 to the Migration Regulations 1994, which mandates specified work in regional Australia for a period equivalent to at least three months of full-time work, and if remuneration was in accordance with Australian legislation and awards. The definition of "specified work" and "regional Australia" referred to an instrument made by the Minister, IMMI16/041.

The Tribunal found that the applicant had provided sufficient evidence, including a PAYG summary, an employment verification form, and bank records, to demonstrate that he had worked for RW Dowling & Co in the 6309 postcode area of Western Australia between March and August 2016. This work, described as cattle feedlot maintenance, fell within the definition of specified work under IMMI16/041. The employer certified 155 days of work, exceeding the three-month full-time requirement. Furthermore, the net amount received by the applicant indicated remuneration slightly above the relevant award rate for farm and livestock hands.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant had met the criteria under clause 417.211(5) of Schedule 2 to the Regulations.