Telfer (Migration)

This matter concerned an application for a Working Holiday (Temporary) (Class TZ) visa, Subclass 417, before the Tribunal. The applicant sought to demonstrate that they had completed the required three months of specified work in regional Australia, a criterion stipulated by clause 417.211 of the relevant regulations. The core dispute revolved around whether the applicant had fulfilled this work requirement, with the Tribunal noting that the applicant had provided more extensive evidence to it than was available to the Department of Immigration during the initial visa application.

The Tribunal was required to determine if the applicant had carried out the requisite specified work in regional Australia for a period equivalent to at least three months of full-time work, as a holder of a Subclass 417 visa. This specified work needed to have been remunerated in accordance with Australian legislation and awards. The definition of "specified work" and "regional Australia" was to be determined by reference to an instrument made by the Minister, specifically IMMI 16/041 in this applicant's circumstances.

The Tribunal accepted the applicant's oral evidence and a substantial volume of documentary material, including signed Form 1263s from multiple farms, payslips, bank statements, an income tax return, a letter confirming accommodation, and corroborating letters from co-workers. Numerous photographs depicting the applicant working were also considered. The Tribunal found the applicant to be a credible witness and accepted the veracity of the submitted evidence, concluding that the applicant had indeed met the criteria under cl.417.211(5) of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met this specific criterion.