Mc manamon (Migration)

This matter concerned an application for a Working Holiday (Temporary) (Class TZ) visa, Subclass 417, brought before the Tribunal by the applicant. The central dispute revolved around whether the applicant had fulfilled the requirement to undertake "specified work" in "regional Australia" for a period of at least three months full-time, as stipulated by the relevant visa criteria.

The Tribunal was required to determine if the applicant satisfied the criteria outlined in clause 417.221 of the Migration Regulations 1994, specifically focusing on subclauses (2) to (7). The critical issue was whether the applicant's employment as a sheet metal worker in land development and site preparation services, located in regional Australia, constituted "specified work" as defined by the applicable instrument, IMMI 16/087, and whether the duration and remuneration for this work met the visa requirements.

The Tribunal found that the applicant held a United Kingdom passport, satisfying the eligible passport criterion. It was also satisfied that the applicant met the general requirements for a genuine visitor, had sufficient funds, a reasonable prospect of employment, and would not be accompanied by dependent children. Crucially, the Tribunal concluded that the applicant had indeed carried out a period of specified work in regional Australia, equivalent to at least three months of full-time work, and had been remunerated in accordance with Australian legislation and awards. The applicant's payslips indicated a classification of Sheet Metal Worker with an hourly rate exceeding the award rate for a level 3 sheet metal worker.

Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant met the criteria under clause 417.221 of Schedule 2 to the Regulations.