Kim (Migration)

This matter concerned an application for a Working Holiday (Temporary) (Class TZ) visa, subclass 417. The applicant sought review of a decision concerning whether they had met the requirements for specified regional work. The Tribunal was tasked with determining if the applicant had performed at least the equivalent of three months of full-time specified work in regional Australia.

The central legal issue was whether the applicant had satisfied clause 417.211 of Schedule 2 to the Regulations, which requires that a holder of a Subclass 417 visa had carried out specified work in regional Australia for a period equivalent to at least three months of full-time work. This work must have been performed while holding the visa and remunerated in accordance with Australian legislation and awards. The definitions of "specified work" and "regional Australia" were to be determined by reference to a ministerial instrument in force at the time.

The Tribunal found that the applicant had provided bank statements demonstrating fortnightly payments from two employers for work as a "strawberry picker," which constituted "specified work" under the relevant instrument. This work was performed in postcode area 4518, Queensland, which was defined as "regional Australia" for the purposes of the instrument. The Tribunal concluded that the applicant had cumulatively performed the equivalent of three months' full-time work and therefore satisfied clause 417.211(5)(c). Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration of the remaining criteria.