Park (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 whether she had completed the required three months of specified work in a regional area while holding the visa.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of clause 417.211 of Schedule 2 to the Migration Regulations 1994. This clause mandates that an applicant must have undertaken specified work in regional Australia for a period equivalent to at least three months of full-time work, and have been remunerated in accordance with Australian legislation and awards. The definition of "specified work" and "regional Australia" referred to an instrument made by the Minister, IMMI 17/018.

The Tribunal found that the applicant had provided further evidence not available to the original decision-maker. This included a letter from her employer clarifying that she had been employed by a single entity, Kalfresh, for five months of regional work and providing the correct Australian Business Number. Additionally, the applicant submitted payslips and bank transaction statements demonstrating consistent weekly payments at an hourly rate of at least $22, with higher rates during holiday periods. The applicant explained that she had stayed with a friend in Boonah, Queensland, and obtained her employment through this connection. While she could not fully explain why she had not completed her visa application form correctly, she confirmed she was paid appropriately and was satisfied with her employment.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met the criteria under clause 417.211(5) of Schedule 2 to the Regulations.