Chiang (Migration)

This matter concerned an application for review of a decision to refuse a Subclass 417 (Working Holiday) visa. The applicant, Mr Chiang, sought to satisfy the criteria for a second year Working Holiday visa by demonstrating he had completed at least three months of specified work in regional Australia and had been remunerated in accordance with Australian legislation and awards. The Administrative Appeals Tribunal (AAT) considered the evidence provided by the applicant, including tax records, payslips, and bank statements, to determine whether these requirements were met.

The primary legal issues before the Tribunal were whether the applicant had performed the requisite three months of specified work in a regional area and whether his remuneration met the relevant legislative and award standards. The definition of "specified work" and "regional Australia" were to be determined by reference to Minister's Instrument IMMI 17/018. The Tribunal was required to assess if the applicant's employment activities, such as picking broccolini, celery, and ginger, and installing irrigation, qualified as specified work under the instrument, and if the locations where this work was performed fell within the designated regional postcodes.

The Tribunal found that the applicant had provided sufficient evidence to satisfy the criteria. It accepted that the applicant had worked for 99 days, which was considered equivalent to at least three months of full-time work. The Tribunal also accepted that the work was performed in regional Australia, specifically in postcodes 4380 and 4570 in Queensland, as defined by IMMI 17/018. Furthermore, the Tribunal was satisfied that the applicant's remuneration, which averaged around $22 per hour and exceeded the minimum rate of $19.49 per hour stipulated by the Horticulture Award (MA000028), met the legislative and award requirements. The Tribunal concluded that the applicant's work fell within the categories of "harvesting of vegetable crops" and "general maintenance crop work" as defined by the instrument.

Consequently, the Tribunal remitted the application for a Working Holiday (Temporary) (Class TZ) visa for reconsideration. The Tribunal directed that the applicant met the criteria under clause 417.211(5) of Schedule 2 to the Regulations, relating to specified work in regional Australia and remuneration. The Minister was to consider the remaining criteria for the Subclass 417 visa.