Resch (Migration)

The Administrative Appeals Tribunal considered an application by a German national for a further Working Holiday (Temporary) (Class TZ) visa, Subclass 417. The applicant sought to satisfy the requirement of having undertaken specified work in regional Australia while holding a previous Subclass 417 visa. The core of the dispute involved whether the applicant's duties as a "labourer" at a composting facility constituted "specified work" as defined by the relevant legislative instrument, IMMI 17/018.

The Tribunal was required to determine if the applicant had carried out the requisite "specified work" in regional Australia for the required period and if he had been properly remunerated. Specifically, the Tribunal had to assess whether the applicant's tasks, which included combining dirt, timber products, and food waste to create compost for sale to local farmers, aligned with the definitions of specified work, particularly in relation to plant and animal cultivation.

The Tribunal applied a purposive approach to interpreting the legislative instrument defining "specified work." It found that the applicant's described duties, which involved the processing of materials to create compost used for crop cultivation by neighbouring farms, fell within the scope of "plant and animal cultivation." The Tribunal considered the applicant's detailed explanation of the composting process, supported by documentary evidence such as pay slips, a statement from his site manager, and photographs.

Consequently, the Tribunal concluded that the applicant met the criteria under cl.417.211(5) of Schedule 2 to the Regulations. The matter was remitted to the Minister for reconsideration of the remaining criteria for the Subclass 417 visa.