Huang (Migration)

The Administrative Appeals Tribunal considered an application by Ms Huang for a Subclass 417 (Working Holiday) visa. The central dispute concerned whether Ms Huang had provided sufficient evidence that she was appropriately remunerated for specified work undertaken in regional Australia, as required by clause 417.211 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if Ms Huang had satisfied the criteria under clause 417.211, specifically whether she had carried out the requisite specified work in regional Australia for a period equivalent to at least three months' full-time work while holding a Subclass 417 visa, and whether she had been remunerated in accordance with relevant Australian legislation and awards for work undertaken from 1 December 2015. The definition of "specified work" and "regional Australia" were to be determined by reference to IMMI 17/018.

The Tribunal found that Ms Huang had provided sufficient documentary evidence, including an Employment Verification form, payslips from Micaya Enterprises Pty Ltd, and bank statements, to establish that she had carried out work in Australia as the holder of a Subclass 417 visa. It further found that this work was equivalent to at least three months' full-time work, constituted "specified work" in "regional Australia" as defined by the applicable instrument, and that she had been remunerated in accordance with relevant Australian legislation and awards.

Consequently, the Tribunal remitted the application for the Working Holiday (Temporary) (Class TZ) visa for reconsideration by the Minister, with a direction that Ms Huang met the criteria under clause 417.211(5) of Schedule 2 to the Regulations.