Shovlin (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a Subclass 417 (Working Holiday) visa application made by Ms. Shovlin. The central dispute revolved around whether Ms. Shovlin had completed the required six months of "specified work" in "regional Australia" to qualify for a third Working Holiday visa.

The Tribunal was required to determine if Ms. Shovlin had carried out the requisite specified work in regional Australia, as defined by Clause 417.211(6) of the Migration Regulations. This clause mandates that such work must have been performed on or after 1 July 2019, while holding an eligible visa, and that the applicant must have been remunerated in accordance with Australian legislation and awards. The applicable instrument defining "specified work" and "regional Australia" for this review was IMMI 17/018.

The Tribunal considered Ms. Shovlin's employment history, noting her work in the Western Australian mining sector on a Fly-In Fly-Out basis. She had initially worked in hospitality roles for Compass Group Pty Ltd before transferring to a Trades Assistant position in June 2019. In this role, she assisted qualified tradespersons with maintenance and repair tasks. Documentary evidence, including a supervisor's reference and pay records, confirmed her employment as a Trades Assistant from June to December 2019, exceeding 179 days. The Tribunal found that this work satisfied the criteria under Clause 417.211(6).

Consequently, the Tribunal remitted Ms. Shovlin's application for the Subclass 417 visa to the Minister for reconsideration, with a direction that she met the specified work criteria.