Madeira (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 417 (Working Holiday) visa. The central dispute concerned whether the applicant had fulfilled the requirement of undertaking at least three months of full-time specified work in regional Australia. The applicant had provided extensive documentation, including work records, pay slips, and bank statements, to support her claim.

The legal issue before the Tribunal was to determine if the applicant's work experience met the criteria stipulated by clause 417.211 of the Migration Regulations, which mandates a period equivalent to at least three months of full-time work in regional Australia, with remuneration in accordance with Australian legislation and awards. This requirement was to be assessed by reference to an instrument made by the Minister, specifically IMMI 17/018 at the time of application.

The Tribunal examined the applicant's method of calculating her work days. While the applicant initially presented figures totalling 80 days, she later clarified her calculation, particularly concerning weeks where she worked less than full-time hours. The Tribunal noted that the applicant had worked 67 days at Kalafatis Farm and three weeks with MADEC Labour Hire. Crucially, the Tribunal accepted that during these three weeks, the applicant worked more than 40 hours per week, and that an error had been made in the initial calculation which failed to account for the full weeks despite the applicant working full-time hours.

Consequently, the Tribunal remitted the application for a Subclass 417 visa for reconsideration. The Tribunal directed that the applicant be considered to have met the criteria under clause 417.211(5) of Schedule 2 to the Regulations, allowing for the assessment of other remaining visa criteria.