Rambridge (Migration)

This matter concerned an application for review of a decision by the delegate of the Minister to refuse a Working Holiday (Temporary) (Class TZ) visa, Subclass 417. The applicant sought to satisfy the criteria for the visa, specifically concerning the completion of a period of specified work in regional Australia and remuneration in accordance with relevant legislation and awards.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria under regulation 417.211(5) of the Migration Regulations 1994, which requires the applicant to have carried out a period of specified work in regional Australia and to have been remunerated for that work in accordance with relevant Australian legislation and awards. This involved determining if the applicant had provided sufficient evidence to demonstrate compliance with the remuneration requirements, particularly in relation to work undertaken for CS Labour Pty Ltd.

The Tribunal noted that the applicant had provided a Form 1263 Employment Verification Form, payslips, a PAYG summary, and a piecework agreement for work with YG Berry Pty Ltd. However, the delegate had refused the application because a piecework agreement for work with CS Labour Pty Ltd was not provided, leading to a lack of satisfaction regarding remuneration in accordance with relevant legislation and awards. The applicant subsequently submitted that YG Berry Pty Ltd had changed its name to CS Labour Pty Ltd, and that he had been continuously engaged on the same farm under the same working conditions.

Given the applicant's explanation regarding the change in company name and the continuous nature of his employment, the Tribunal concluded that the matter should be remitted for reconsideration. This would allow for a further assessment of whether the applicant had met the remuneration requirements for the work undertaken for CS Labour Pty Ltd, considering the provided evidence and the applicant's submissions.