Wu (Migration)

This matter concerned an application for review by the applicant, Wu, of a decision to refuse a second Subclass 462 (Work and Holiday) visa. The applicant sought to rely on having completed "specified Subclass 462 work" to meet the criteria for a second visa. The delegate's decision focused on whether the applicant had undertaken the required three months of specified work.

The Tribunal was required to determine two key issues. Firstly, whether the applicant had, at the time of application, carried out at least three months of "specified Subclass 462 work" as defined by the Migration Regulations 1994. Secondly, the Tribunal also considered whether the applicant intended to remain in Australia as a genuine visitor whose principal purpose was to spend a holiday in Australia, a criterion under cl.462.217 of the Regulations.

The Tribunal affirmed the delegate's decision, concluding that the applicant did not meet the criteria for a second Subclass 462 visa. While accepting the applicant's evidence regarding her work and her concern about a visa refusal, the Tribunal found that, in her current circumstances, she could not satisfy the requirements for this visa subclass. The refusal was not attributed to any lack of honesty or integrity on the applicant's part.