Su (Migration)

This matter concerned an application for a Subclass 417 (Working Holiday) visa. The applicant sought review of a decision that found insufficient evidence to satisfy the criteria for specified work in regional Australia. The applicant had provided payslips, bank statements, and employment verification forms from two employers, Strong Team Pty Ltd and I.G. Contracting Service, detailing work undertaken as a fruit picker in regional Victoria.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of Regulation 417.211(5) of the Migration Regulations 1994. This regulation mandates that an applicant must have carried out a period or periods of specified work in regional Australia, equivalent to at least three months of full-time work, while holding a Subclass 417 visa, and must have been remunerated in accordance with relevant Australian legislation and awards. The Tribunal was required to determine if the evidence provided by the applicant sufficiently demonstrated compliance with these criteria, particularly given that one of the employers, Strong Team Pty Ltd, had ceased operations.

The Tribunal acknowledged the difficulty the applicant faced in obtaining comprehensive evidence from the defunct employer, such as a piece rate agreement. In light of this, the Tribunal considered the available payslips and information from the Fair Work Ombudsman's website to estimate the applicant's remuneration rates. The Tribunal concluded that the matter should be remitted for reconsideration, indicating that while the applicant had provided authentic evidence of having performed work equivalent to at least three months of full-time work in regional Australia, further assessment of the remuneration aspect was necessary.