Nunn (Migration)

The Administrative Appeals Tribunal considered an application for a Working Holiday (Temporary) (Class TZ) visa, Subclass 417. The applicant sought review of a decision concerning their eligibility for the visa, specifically in relation to the requirement for three months of specified work in regional Australia.

The central legal issue before the Tribunal was whether the work undertaken by the applicant could be characterised as 'construction work' for the purposes of meeting the visa requirements under Regulation 417.221(5) of the Migration Regulations 1994.

The Tribunal found that the applicant had satisfied the specified work requirement. In reaching this conclusion, the Tribunal balanced the circumstances presented and determined that the applicant's work tasks could appropriately be described as construction work. Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant met the criteria under clause 417.211(5) of Schedule 2 to the Regulations.