Daniels (Migration)

The Administrative Appeals Tribunal considered the application of Mr Daniels concerning a Working Holiday (Temporary) (Class TZ) visa, subclass 417. The dispute arose from the refusal of Mr Daniels' application for a second subclass 417 visa, which required him to have completed at least three months of specified work in regional Australia. Mr Daniels had undertaken this work for a business that was, at the time of his employment, unregistered. Although the business's registration was later reinstated, this initial unregistered status formed the basis of the visa refusal.

The Tribunal was required to determine whether Mr Daniels had satisfied the specified work requirement for the subclass 417 visa, notwithstanding that the employer was unregistered during the period of his employment. Specifically, the Tribunal had to consider the impact of the employer's unregistered status on the validity of the work undertaken and whether Mr Daniels could be considered to have met the visa conditions in good faith.

The Tribunal reasoned that Mr Daniels had undertaken the work in good faith and had no reason to suspect that the business was not properly registered at the time. The Tribunal noted that all employment and financial procedures were followed and documented, and that a co-worker in identical circumstances had been granted a second visa. Applying these considerations, the Tribunal found that the refusal of the visa was not justified. The decision under review was therefore remitted to the delegate for reconsideration.