Lin (Migration)

The Administrative Appeals Tribunal considered a decision by the Department of Immigration and Border Protection not to grant a Working Holiday (Temporary) (Class TZ) visa, subclass 417, to the applicant, Mr. Lin. The dispute centred on whether Mr. Lin had fulfilled the requirement of completing at least three months of specified work in regional Australia while holding a previous Working Holiday visa.

The primary legal issue before the Tribunal was to determine whether the applicant had satisfied the criteria set out in clause 417.211(5) of the Migration Regulations 1994. This clause mandates that an applicant must have carried out specified work in regional Australia for a minimum of three months of full-time work, and been remunerated in accordance with Australian legislation and awards, at the time of their visa application. The Tribunal also had to consider the definitions of "specified work" and "regional Australia" as provided by a ministerial instrument, and the departmental guideline that "3 months" is generally interpreted as 88 days of full-time work.

The Tribunal found that the applicant had failed to provide any evidence to substantiate his claims of completing the required specified work. Despite being given a 28-day period to submit requested documentation, including employment verification forms, bank statements, payslips, and employer references, the applicant did not respond. Furthermore, the applicant did not attend the Tribunal hearing. In the absence of any independent evidence on the Department's file or from the applicant, the Tribunal concluded that it could not be satisfied that the applicant met the criteria for the visa.

Consequently, the Tribunal affirmed the decision of the Department not to grant the applicant a Working Holiday (Temporary) (Class TZ) visa, subclass 417, as the applicant had not demonstrated compliance with the relevant regulatory requirements.