Smallman (Migration)

The Administrative Appeals Tribunal considered a matter concerning an applicant for a Subclass 417 (Working Holiday) visa. The dispute centred on whether the applicant had fulfilled the requirement to undertake specified work in regional Australia for a period equivalent to three months of full-time employment.

The primary legal issue before the Tribunal was to determine if the applicant had carried out the requisite specified work in regional Australia, as stipulated by clause 417.211 of Schedule 2 to the Migration Regulations 1994. This clause requires that, at the time of application for a second Subclass 417 visa, the applicant had completed work equivalent to at least three months of full-time employment in regional Australia, while holding a Subclass 417 visa, and had been remunerated in accordance with Australian legislation and awards. The definition of "specified work" and "regional Australia" was to be determined by an instrument made by the Minister, which in this instance was IMMI 17/018.

The Tribunal found that the applicant, who held a Subclass 417 visa when she lodged her application for a second such visa on 15 August 2018, had provided sufficient evidence to satisfy clause 417.211(5). The evidence, including payslips, employer and landlord statements, bank statements, and superannuation records, indicated that the applicant worked full-time as a tractor driver and farm hand in Innisfail, Queensland, from 22 January 2018 to 23 April 2018. The Tribunal accepted that her duties, which included deflowering banana trees, removing dead trees, and cleaning sheds, constituted specified work. Furthermore, the Tribunal accepted that despite variations in hours due to weather, the applicant was available full-time for the duration of her employment, and that Innisfail was considered regional Australia.

Consequently, the Tribunal remitted the application for a Working Holiday (Temporary) (Class TZ) visa for reconsideration by the Minister, with a direction that the applicant meets the criteria set out in clause 417.211(5) of Schedule 2 to the Regulations.