Henriksen (Migration)

The Administrative Appeals Tribunal considered the case of an applicant for a Subclass 417 (Working Holiday) visa. The applicant, a Danish citizen, sought to meet the requirement of having completed 3 months of "specified work" in regional Australia. The core of the dispute revolved around whether the applicant had been adequately remunerated for this work in accordance with Australian legislation and awards, as required by regulation 417.211(5)(c) of the Migration Regulations 1994.

The Tribunal was tasked with determining if the applicant had provided sufficient evidence to satisfy the remuneration requirement for specified work. The initial assessment by the Department raised concerns that the applicant's stated hourly wage, when considered against the relevant award, did not demonstrate appropriate remuneration. The applicant subsequently provided additional evidence to the Tribunal, including payslips, a statutory declaration from his employer, and a rural wage guide, to support his claim that he was paid in accordance with the Pastoral Award 2010, including provision for "keep" (food and accommodation).

The Tribunal's reasoning focused on the credibility and sufficiency of the evidence presented by the applicant. It noted the applicant's explanation for an initial discrepancy on his specified work questionnaire, attributing it to a misunderstanding regarding unpaid breaks. Crucially, the Tribunal accepted the statutory declaration from the employer, Ms Abby Crofts, which confirmed the applicant was paid the award wage for a Farm and Live Stock Hand Level 1 with keep, and that appropriate pay adjustments were made. The Tribunal also considered the applicant's evidence regarding the provision of accommodation and meals, and the relevant wage guide which stipulated a deduction for keep.

Ultimately, the Tribunal concluded that the applicant had met the criteria under cl.417.211(5) of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the application for a Working Holiday (Temporary) (Class TZ) visa to the Minister for reconsideration, with a direction that the applicant had satisfied this specific criterion.