Walsh (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a Working Holiday (Temporary) (Class TZ) visa, Subclass 417. The applicant sought to have a decision that he did not meet the criteria for specified work in regional Australia set aside. The core of the dispute revolved around whether the applicant's employment as a stable hand at a veterinary clinic constituted "specified work" as defined by the relevant legislative instrument.

The Tribunal was required to determine if the applicant had carried out at least three months of specified work in regional Australia while holding a Subclass 417 visa, and if he had been remunerated in accordance with Australian legislation and awards. Specifically, the Tribunal had to consider whether the applicant's duties fell within the definition of "specified work" as outlined in IMMI 17/018, which includes maintaining animals for the purpose of selling them or their bodily produce. The delegate had previously refused the visa on the basis that the applicant's work at an animal hospital did not satisfy this definition, and the applicant had not provided further information when requested.

The Tribunal found that the applicant had provided a letter from Dr John Crowley, a director of the veterinary clinic, which detailed the applicant's duties. These duties included thoroughbred horse husbandry, grooming, feeding, stable management, and exercising horses in preparation for sales. The Tribunal considered that these tasks, as described in Dr Crowley's letter, satisfied the definition of maintaining animals for the purpose of selling them or their bodily produce, including natural increase, as contemplated by IMMI 17/018. Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration, with a direction that the applicant met the specified work criteria.