Mcloughlin (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by an individual seeking review of a decision not to grant a Subclass 417 Working Holiday visa. The core dispute concerned whether the applicant had fulfilled the specified regional work requirements necessary for the visa.

The legal issue before the Tribunal was whether the applicant had carried out the requisite specified work in regional Australia for a period equivalent to at least three months of full-time work, while holding a Subclass 417 visa. This required determining if the applicant's employment at Patties Foods in Bairnsdale between June and December 2019 constituted "specified work" as defined by the relevant legislative instrument in force at the time.

The Tribunal affirmed the delegate's decision, finding that the applicant had not met the visa criteria. While the applicant provided a letter from Patties Foods indicating that workers were engaged for tasks related to their fruit line and packing, and that the "Immediate processing of plant products" box was ticked on their Employment Verification Form, the Tribunal found this insufficient. The payslips consistently classified the applicant as a "General Hand," and the Human Resources Manager confirmed the duties performed, which included tasks like checking product, replenishing packing machines, and cleaning. The Tribunal concluded that these duties did not align with the definition of "specified work" under the applicable instrument, which was IMMI 17/018 at the time of the delegate's decision. The Tribunal noted that LIN 20/103 was the relevant instrument for applications made before 18 August 2020, but the nature of the work performed did not meet its criteria either.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Subclass 417 Working Holiday visa.