Lu (Migration)

The Administrative Appeals Tribunal considered an application by Ms Lu for a Subclass 417 (Working Holiday) visa. The dispute concerned whether Ms Lu had completed the required amount of specified work in regional Australia and whether her remuneration for that work was in accordance with relevant Australian legislation and awards, as stipulated by cl.417.211(6)(d) of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if the applicant had satisfied the criteria for the grant of the visa, specifically in relation to the specified work and remuneration requirements.

The Tribunal found that it was able to determine the matter in favour of the applicant based on the material before it, without the need for a hearing, pursuant to s.360(2)(a) of the Migration Act 1958. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the specified criteria.