Scopel (Migration)

The Administrative Appeals Tribunal considered the case of Scopel, an applicant for a Working Holiday (Temporary) (Class TZ) visa, subclass 417. The dispute concerned whether the applicant had fulfilled the requirement of undertaking "specified work" in "regional Australia" for a minimum of three months while holding the visa.

The primary legal issue before the Tribunal was to determine if the applicant's work as a Construction Labourer on Great Keppel Island, involving tasks such as disaster recovery, revegetation of dune areas, and the construction of a revetment wall, constituted "specified work" as defined by the Migration (LIN20/103: Subclass 417 (Working Holiday) Visa – Regional Australia and Specified Work) Instrument 2020. The Tribunal also had to consider whether this work was performed in "regional Australia" and if the total period of work met the equivalent of at least three months' full-time employment, with remuneration in accordance with Australian legislation and awards from 1 December 2015.

The Tribunal reasoned that the applicant's duties, as described in her employment agreement and various questionnaires, aligned with the definition of "specified work" under the applicable instrument, specifically within the broad category of construction. Great Keppel Island was also identified as falling within the postcode designated as "regional Australia." While the expression "3 months" is not explicitly defined in the Regulations, the Tribunal noted departmental guidelines suggest this equates to 88 days of full-time work. The applicant's described tasks, including disaster recovery, dune revegetation, and revetment wall construction, were considered to be part of construction activities.

The Tribunal concluded that the matter should be remitted for reconsideration. This indicates that the Tribunal found sufficient evidence to suggest the applicant's work might meet the criteria, but further assessment or clarification was required to definitively determine if all conditions, particularly the duration and remuneration aspects, were met.