Kim (Migration)

The Administrative Appeals Tribunal considered an application by Mr. Kim for a Working Holiday (Temporary) (Class TZ) visa, subclass 417. The dispute centred on whether Mr. Kim had satisfied the requirements of regulation 417.211(5)(a) of the Migration Regulations 1994, which mandates that an applicant must have carried out a period or periods of specified work in regional Australia while holding a Subclass 417 visa. Mr. Kim claimed to have undertaken specified work with NQFC Pty Ltd in postcode area 4880 from 22 January 2018 to 25 April 2018, providing a completed Employment Verification Form 1263 and a Specified Work Questionnaire.

The primary legal issue before the Tribunal was whether Mr. Kim had provided sufficient evidence to demonstrate that he had performed the requisite specified work in regional Australia for a period equivalent to at least three months of full-time work, and that he had been properly remunerated for this work. The Tribunal was required to assess the applicant's claims against the definitions of "specified work" and "regional Australia" as outlined in Legislative Instrument IMMI 17/018.

The Tribunal found that the evidence provided by Mr. Kim was insufficient to corroborate his claims. Despite the applicant's assertion of having undertaken "spading bananas" between January and April 2018, this work was not supported by any other evidence, such as payslips, bank statements, or employment contracts. The Tribunal also noted that the delegate had determined that the described work did not clearly fall within the definition of specified work under IMMI 17/018. Without corroborating evidence regarding the duration, nature, and remuneration of the work, the Tribunal was unable to be satisfied that Mr. Kim had met the criteria under clause 417.211(5).

Consequently, the Tribunal affirmed the decision not to grant Mr. Kim the Working Holiday (Temporary) (Class TZ) visa, subclass 417, as he had failed to satisfy the essential criteria for the visa.