Hsu (Migration)

This decision concerns an application for a Working Holiday (Temporary) (Class TZ) visa, Subclass 417. The applicant, Ms. Hsu, sought to have her work experience recognised as meeting the requirements of the visa. The matter came before the Tribunal, presided over by Meena Sripathy.

The primary legal issue before the Tribunal was whether the applicant's work, undertaken on a piecework basis, was remunerated in accordance with Australian legislation and awards, as required by clause 417.211(5)(c) of Schedule 2 to the Regulations. The Tribunal also considered whether the applicant had worked the full period claimed.

The Tribunal accepted that the applicant was paid by piecework in both her claimed employment positions and that evidence of these piecework agreements had been provided. While the Tribunal noted concerns that the gross amount received appeared to be below the minimum weekly wage, it was satisfied that the applicant had worked the full period claimed and had signed piecework agreements. The Tribunal had regard to departmental guidelines suggesting that the remuneration verification was intended as a "light touch" check rather than an exhaustive analysis. Considering these factors, the Tribunal was satisfied that the applicant met the requirement under cl.417.211(5)(c).

Consequently, the Tribunal remitted the application for the Working Holiday (Temporary) (Class TZ) visa to the Minister for reconsideration, with the direction that the applicant meets the criteria specified in cl.417.211(5) of Schedule 2 to the Regulations.