Lin (Migration)

The Administrative Appeals Tribunal considered the case of Mr Lin, an applicant for a Working Holiday (Temporary) (Class TZ) visa, subclass 417. The dispute concerned whether Mr Lin had met the requirements of clause 417.211 of the Migration Regulations 1994, specifically regarding the completion of at least three months of specified work in regional Australia and remuneration in accordance with Australian legislation and awards.

The Tribunal was required to determine if Mr Lin had carried out the requisite specified work in regional Australia for the periods claimed with three different employers: QV Contracting, AS Botak, and Ezyrol Trading. A key issue was whether Mr Lin had been remunerated in accordance with relevant Australian legislation and awards for this work, particularly given the nature of his employment in grape picking, which was on a piecework basis. The Tribunal also had to consider the verification of his employment claims, as initial attempts by the Department to contact two of the employers were unsuccessful.

The Tribunal's reasoning focused on the evidence presented by Mr Lin, which included payslips, employment contracts, completed Form 1263, bank statements, photographs, and income tax documents. While the delegate had initially found that employment with QV Contracting and AS Botak could not be verified, the additional evidence provided to the Tribunal, including payslips and income tax summaries from all three employers, supported Mr Lin's claims. The Tribunal noted that the work undertaken, such as grape picking, was often paid on a piecework basis, and the provided documentation indicated that Mr Lin had received payments for this work. The Tribunal affirmed the delegate's decision, concluding that Mr Lin had met the specified work and remuneration requirements for his visa application.