Lynch (Migration)

This matter concerned an application for review of a delegate's decision to refuse a Working Holiday (Subclass 417) visa extension. The applicant, who had been granted an initial Subclass 417 visa and subsequently held bridging visas, sought to satisfy the requirements for specified work in regional Australia. The delegate had not been satisfied that the applicant had provided sufficient evidence of completing three months of specified work in regional Australia.

The Tribunal was required to determine three key issues: first, whether the applicant had carried out specified work in regional Australia; second, whether the total period of this work was at least equivalent to three months of full-time employment; and third, whether the applicant was remunerated for this work in accordance with relevant Australian legislation and awards. The applicant claimed to have worked as a farm hand for Taylor Family Produce in Amiens, Queensland, from December 2017 to April 2018, performing duties such as planting and packing vegetables.

The Tribunal found that the applicant had indeed performed specified work as a farm hand in a regional area of Queensland, satisfying the first issue. Regarding the second issue, the Tribunal accepted the documentary evidence, including payslips and bank statements, to conclude that the applicant worked full-time for Taylor Family Produce from December 2017 to April 2018, thus meeting the three-month full-time work requirement. On the third issue, the Tribunal noted that the national minimum hourly wage, including a casual loading, was $22.86 per hour from 1 July 2017. As the applicant was paid at this rate, the Tribunal was satisfied that she was remunerated in accordance with Australian legislation and awards.

Consequently, the Tribunal found that the applicant met the criteria under cl.417.211(5) of Schedule 2 to the Regulations. The Tribunal remitted the application for the visa to the Minister for reconsideration, with the direction that the applicant had satisfied these specific criteria.