Wolfgramm (Migration)

The applicant, Mr Wolfgramm, sought judicial review of a decision made by the delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The dispute concerned whether Mr Wolfgramm had satisfied the requirements for a Working Holiday (Temporary) (Class TZ) visa, specifically subclass 417, relating to periods of specified work in regional Australia. The decision under review was made by the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the work undertaken by Mr Wolfgramm, for a total period of at least six months, qualified for the purposes of the visa. This involved determining whether the work was carried out while holding a second Subclass 417 visa that was in effect, and whether the work was performed in a regional area on or after 1 July 2019.

The Court found that the delegate had erred in their assessment of the applicant's eligibility. The delegate had incorrectly applied the criteria, leading to an erroneous conclusion regarding the satisfaction of the regional work requirement. Consequently, the Court determined that the decision under review could not stand.

The Court made orders remitting the matter to the delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs for redetermination according to law.