Jones (Migration)

The Administrative Appeals Tribunal considered an application for a Working Holiday (Temporary) (Class TZ) visa, Subclass 417. The applicant, Mr. Jones, sought to have his visa application reconsidered after it was initially refused. The core of the dispute concerned whether Mr. Jones had satisfied the requirement of undertaking at least three months of specified work in regional Australia, as stipulated by clause 417.211 of the relevant regulations.

The Tribunal was required to determine if the applicant had fulfilled the specified work requirement for a Subclass 417 visa. This involved assessing whether the work undertaken by the applicant constituted "specified work" as defined by the applicable instrument, IMMI 16/041, and whether it was performed in "regional Australia." Furthermore, the Tribunal had to consider if the applicant was remunerated in accordance with Australian legislation and awards for work performed from 1 December 2015.

The Tribunal found that the applicant had provided evidence of work undertaken for One Big Family and Collins Bros Orchards, including payslips, bank statements, and a piecework agreement. The applicant testified that his work for One Big Family involved tending to vines on various farms on a piecework basis, with accommodation and transport arranged by the employer. While the Tribunal noted that work undertaken after the visa application date could not be considered, it concluded that the applicant met the criteria under clause 417.211(5) of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the application for the Subclass 417 visa to the Minister for reconsideration, with a direction that the applicant meets the specified work criteria.