LIN (Migration)

The Administrative Appeals Tribunal considered an application for a Working Holiday (Extension) (Onshore) TZ 417 visa made by a Taiwanese national. The applicant sought to satisfy the requirements of regulation 417.211(5) of the Migration Regulations 1994, which mandates that an applicant who has previously held a Subclass 417 visa must have carried out specified work in regional Australia for a period equivalent to at least three months of full-time work, and have been remunerated accordingly.

The primary legal issue before the Tribunal was whether the applicant had met the criteria outlined in regulation 417.211(5). This involved determining if the work undertaken by the applicant constituted "specified work" in "regional Australia" as defined by the relevant legislative instrument, IMMI 17/018, and if the applicant had been adequately remunerated for this work. The applicant claimed to have performed work as a packer for GGPB POWER PTY LTD in postcode area 2680 for 16 weeks.

The Tribunal, applying a purposive interpretation of the legislation, found that the applicant's work, which involved cutting and packing chicken meat, was integral to the immediate processing of animal products. It concluded that this type of work fell within the category of "plant and animal cultivation" as defined by IMMI 17/018, thereby satisfying the "specified work" requirement. The Tribunal accepted the applicant's evidence regarding the nature and duration of the work, supported by various documents including pay slips, a PAYG payment summary, and bank statements.

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