Watkins (Migration)

The Administrative Appeals Tribunal considered an application by Mr. Watkins for a Subclass 417 (Working Holiday) visa. The central dispute concerned whether Mr. Watkins had fulfilled the requirement of undertaking specified work in regional Australia for at least three months while holding the visa. This requirement, particularly regarding remuneration in accordance with Australian legislation and awards, was a key aspect of the assessment for applications made from 1 December 2015.

The Tribunal was tasked with determining if the applicant had indeed performed the requisite specified work in regional Australia. This involved assessing the nature of his employment, the locations where the work was performed, and whether he was paid appropriately according to relevant awards. The applicant had explained a lack of documentation, such as payslips, due to being locked out of an old email account, necessitating reliance on other forms of evidence.

The Tribunal accepted the oral evidence provided by Ms. Priebbenow, who testified that Mr. Watkins worked full-time as a contractor for her silage business in regional Queensland, New South Wales, and Victoria. She confirmed his role involved driving tractors for harvests and performing maintenance, and that he was paid $22 per hour in accordance with the relevant pastoral award, with appropriate allowances for travel. Although payslips were not initially provided, Ms. Priebbenow indicated she could supply them if needed, but the Tribunal found her evidence sufficient. Consequently, the Tribunal concluded that the applicant met the specified work criteria. The Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant had met the criteria under cl 417.211(5) of Schedule 2 to the Regulations.