Wu (Migration)

[2019] AATA 2554

Wu (Migration) [2019] AATA 2554 (12 June 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Ching-Chi Wu

CASE NUMBER:  1817343

DIBP REFERENCE(S):  BCC2017/4870788

MEMBER:Adrienne Millbank

DATE:12 June 2019

PLACE OF DECISION:  Brisbane

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 417 visa:

·cl.417.211(5) of Schedule 2 to the Regulations

Statement made on 12 June 2019 at 12:34pm

CATCHWORDS

MIGRATION – Working Holiday (Temporary) (Class TZ) visa – subclass 417 Visa –further evidence provided regarding specified regional work– period of three months full time work requirement met – decision under review remitted

LEGISLATION

Migration Act 1958, s 65

Migration Regulations 1994, Schedule 2, cl 417.211

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a Delegate of the Minister for Immigration to refuse to grant the applicant a Working Holiday (Temporary) (Class TZ) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 19 December 2017. The Delegate refused to grant the visa on 31 May 2018.

2. The Delegate made the decision on the basis that insufficient evidence had been provided that the applicant had completed her 3 months of specified regional work and had been remunerated for the work in accordance with relevant Australian legislation and awards, as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations). The Delegate noted that a completed WHM Specified Work Questionnaire and payslips had been provided, but further supporting documents such as an employment contract, a piece rate agreement, or bank statements had not been provided.

3. On 13 June 2018 the Tribunal received: a copy of a piecework agreement with the applicant’s regional employer, Berry Picker Qld Pty Ltd, signed by the applicant on 15 August 2017; a PAYG payment summary for the year ending 30 June 2018 showing the applicant was paid AUD 15,574 by Berry Picker Qld Pty Ltd; and statements from Sunsuper showing the applicant was employed by Berry Picker Qld Pty Ltd and had superannuation guarantees for the quarters ending 30 September 2017 and 31 December 2017 of AUD 316.46 and AUD 776.38 respectively.  On 18 June 2018 the Tribunal received copies of workplace agreements between Berry Picker Qld Pty Ltd and the applicant for hourly work and for piecework, signed by the applicant on 10 September 2017. In light of the new evidence received, the Tribunal is satisfied that the criterion is met and has concluded that the matter should be remitted for reconsideration.

   DECISION

4. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 417 visa:

   ·cl.417.211(5) of Schedule 2 to the Regulations

   Adrienne Millbank
   Member