KIM (Migration)

This matter concerned an application for a Working Holiday (Temporary) (Class TZ) visa, Subclass 417, which had been remitted to the Federal Circuit and Family Court. The applicant sought to satisfy the requirement of having undertaken three months of specified work in a regional area while holding a previous Subclass 417 visa. The applicant's employment involved processing rock samples for testing at a facility in Kalgoorlie, Western Australia, which he contended constituted "mining support services."

The primary legal issue before the Tribunal was whether the applicant's work in processing rock samples for testing qualified as "specified work" in regional Australia for the purposes of the Subclass 417 visa requirements. This involved interpreting the definition of "specified work" as defined by the relevant legislative instrument, IMMI 20/103, and considering whether the applicant's role as a "Sample prepare worker" fell within its scope.

The Tribunal found that the applicant had been employed for 98 days in Kalgoorlie, Western Australia, processing rock samples from mining sites by milling, sorting, and crushing them. The Tribunal accepted that this work constituted a "mining support service" and that the location in Kalgoorlie was a regional area. The Tribunal concluded that the applicant had met the criteria under cl 417.211(5)(a) of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met this specific criterion.