Ljesnjanin (Migration)

This matter concerned an appeal to the Administrative Appeals Tribunal regarding a decision to refuse a Working Holiday (Temporary) (Class TZ) visa, Subclass 417. The applicant sought to have the decision affirmed, arguing that they had not met the requirement of completing six months of specified work in regional Australia.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria for the grant of the visa, specifically concerning the duration and nature of their work experience. This involved determining if the applicant had carried out at least six months of "specified Subclass 417 work" on or after 1 July 2019, while holding the relevant visa or a bridging visa, and if they had been remunerated in accordance with Australian legislation and awards. The definition of "specified Subclass 417 work" and the applicable legislative instrument, LIN 20/182, were central to this determination.

The Tribunal considered the evidence presented by the applicant, including bank statements, payslips, and income statements from various entities, in light of the delegate's original finding that the applicant had only completed 163 days of specified work. The delegate had discounted work with Austonia Trades Pty Ltd due to a lack of detail regarding the applicant's role and duties, and had also noted insufficient information regarding bank transactions. While the applicant provided additional documentation post-decision, the Tribunal ultimately concluded that the applicant had not met the criteria for the visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Working Holiday (Temporary) (Class TZ) visa.