Karringten (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Working Holiday (Extension) visa (Subclass 417). The applicant sought to satisfy the requirement of having completed at least three months of specified work in regional Australia, which under policy is taken to mean 88 days. The applicant lodged her application on 17 October 2016, declaring she had worked for Nareen Station PTY LTD from 8 August 2016 to 14 November 2016, providing a completed Form 1263 and payslips.

The primary legal issue before the Tribunal was whether the applicant had completed the requisite 88 days of specified work in regional Australia by the date of her visa application. Clause 417.211 of the Migration Regulations requires that at the time of application, the applicant had carried out specified work in regional Australia for a period equivalent to at least three months of full-time work and had been remunerated accordingly. The Tribunal was required to determine if the evidence provided by the applicant sufficiently demonstrated the completion of this work within the specified timeframe.

The Tribunal reasoned that only work completed up to the date of lodgment, 17 October 2016, could be considered. Based on the applicant's declared employment period, this amounted to a maximum of 71 days. While the applicant was invited to comment and later provided a support letter from her employer, the Tribunal found this additional evidence did not confirm the dates of employment or establish that the applicant had completed 88 days of work by the application date. Consequently, the Tribunal was not satisfied that the applicant met the criteria under Regulation 417.211(5)(b).

The Tribunal affirmed the decision not to grant the applicant the Working Holiday (Extension) visa, as she failed to satisfy the requirements of Regulation 417.211 in its entirety due to not meeting the specified work duration.