Jermyn (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 417 (Working Holiday) visa. The applicant sought review of a decision that had refused to grant the visa. The core of the dispute concerned whether the applicant had completed the required period of specified work in a particular industry, as stipulated by the visa subclass criteria.

The Tribunal was required to determine whether the applicant's work in "tree farming and felling" satisfied the criteria for specified work under the relevant regulations, notwithstanding the job title provided on documentation, which was "QA & WHS Coordinator". The central legal issue was whether the actual nature of the work performed, described as "a hands on forestry worker and operator", constituted the specified work for the purposes of the visa subclass.

The Tribunal's reasoning focused on the substance of the applicant's employment rather than the formal job title. Upon considering further information and evidence, the Tribunal was satisfied that the applicant had indeed performed the requisite work in the specified industry. The Tribunal applied the principle that the actual duties performed are paramount in assessing compliance with visa conditions, especially where there is a discrepancy between a formal title and the reality of the work.

Consequently, the Tribunal remitted the application for reconsideration. The direction given was that the applicant meets the criteria under cl.417.211(5)(a) of Schedule 2 to the Regulations, effectively finding that the specified work requirement had been satisfied.