Mesias Tobar (Migration)

The Administrative Appeals Tribunal considered an application by Mesias Tobar for a Work and Holiday (Extension) visa (Subclass 462). Mr. Tobar, a Chilean national, sought to satisfy the requirement of having undertaken three months of specified work in regional Australia. He initially claimed to have worked for JBLUE Harvest Pty Ltd picking and packing blueberries from June to September 2020, submitting payslips as evidence. The Department requested further documentation, including bank statements and an employment contract.

The legal issue before the Tribunal was whether Mr. Tobar had provided sufficient evidence to demonstrate that he had completed the required period of specified work in regional Australia. The delegate had previously discounted the evidence from JBLUE Harvest Pty Ltd due to a lack of an employment contract or bank statements, while accepting some evidence of work with Mager Constructions Pty Limited. However, the total days of accepted work were less than the three-month requirement.

The Tribunal noted that the applicant's representative highlighted inconsistencies in the delegates' decisions regarding the evidence provided for work with JBLUE Harvest Pty Ltd and Mager Constructions Pty Limited, particularly when compared to a partner's successful application. The Tribunal found that the evidence presented, including payslips from both employers and the context of a partner's accepted employment, raised sufficient doubt about the initial assessment. Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant be considered to have met the criteria under clause 462.218 of Schedule 2 to the Regulations.