Keogh (Migration)

This matter concerned an application for a Working Holiday (Temporary) (Class TZ) visa, Subclass 417, before the Tribunal. The applicant, who was outside Australia at the time of the Tribunal's decision, had previously been in Australia as a holder of a Subclass 417 visa. The core of the dispute revolved around whether the applicant met the criteria for the visa, particularly in light of her departure from Australia and subsequent inability to return due to COVID-19 travel restrictions.

The Tribunal was required to determine two primary legal issues. Firstly, whether the applicant satisfied clause 417.412 of the regulations, which stipulates that if an applicant is in Australia at the time of application, they must also be in Australia at the time of grant. Secondly, the Tribunal had to ascertain whether the applicant had carried out the requisite specified work in regional Australia for a period equivalent to at least three months' full-time work, as required by clause 417.211, and had been appropriately remunerated for this work.

The Tribunal reasoned that while the applicant was outside Australia at the time of the decision, potentially failing to meet clause 417.412, her departure was occasioned by her father's death and the subsequent organisation of his funeral and estate matters. Her inability to return was directly attributed to the COVID-19 pandemic travel restrictions. The Tribunal was satisfied that the applicant could potentially re-enter Australia once the crisis concluded, thus allowing her to satisfy this criterion. Regarding the specified work, the Tribunal found, based on the extensive evidence provided including payslips, tax invoices, bank statements, and a work entitlement card, that the applicant had indeed completed at least three months of full-time specified work as a fruit packer/picker in the regional area of Shepparton, and that this work was remunerated in accordance with relevant Australian awards.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met the criteria under cl.417.211(5) of Schedule 2 to the Regulations.