Martineau (Migration)

The Administrative Appeals Tribunal considered an application by Mr Martineau for a Working Holiday (Temporary) (Class TZ) visa, subclass 417. The applicant sought to have his visa application reconsidered after it was initially refused by the Department of Immigration. The core of the dispute concerned whether Mr Martineau had completed the requisite period of specified work in regional Australia as required by clause 417.211 of the Migration Regulations.

The Tribunal was required to determine whether the applicant had carried out specified work in regional Australia for a period equivalent to at least three months of full-time work, and whether he had been remunerated in accordance with Australian legislation and awards. The applicant claimed to have undertaken work at Monduran Station Unit Trust and Twist Bros Pty Ltd. The Department had refused the application because it could not verify this employment.

The Tribunal found that the applicant had provided sufficient evidence to establish that he had met the criteria under clause 417.211(5) of Schedule 2 to the Regulations. This included Form 1263 Employment Verification forms, a PAYG Payment Summary, and payslips. The applicant also provided oral evidence detailing his work picking citrus fruits and strawberries, and how he was paid by the bin and by piecework. Although the applicant was unsure if he had signed a formal piecework agreement, the Tribunal was satisfied with the evidence presented regarding the work undertaken and the remuneration received.

Consequently, the Tribunal remitted the application for a Working Holiday (Temporary) (Class TZ) visa for reconsideration by the Minister, with a direction that the applicant meets the specified work criteria under clause 417.211(5).