Ya-Jou (Migration)

The Administrative Appeals Tribunal considered the case of Ya-Jou Huang concerning her application for a Working Holiday (Temporary) (Class TZ) visa, Subclass 417. The dispute centred on whether Ms. Huang had fulfilled the requirement of undertaking at least three months of full-time specified work in regional Australia. The Department had initially refused the visa, and Ms. Huang sought review of this decision.

The primary legal issues before the Tribunal were whether Ms. Huang had performed "specified work" in "regional Australia" and, if so, whether the total period of that work was equivalent to at least three months of full-time employment. These requirements were stipulated in clauses 417.211(5)(a) and (b) of Schedule 2 to the Migration Regulations, with "specified work" and "regional Australia" defined by Ministerial instrument IMMI 17/018. The Tribunal was required to assess the applicant's evidence against these regulatory provisions.

The Tribunal reasoned that Ms. Huang had indeed performed "specified work" as a farm hand picking and washing fruit in Park Ridge, Queensland, which fell within the definition of "regional Australia" under IMMI 17/018. While the employer's Form 1263 was not signed, payslips and bank statements corroborated her employment. Regarding the duration, the Tribunal noted that the period from 8 October 2018 to 3 March 2019 spanned over four months. Although Ms. Huang took two weeks off for family reasons, the Tribunal concluded that this deduction did not preclude her from meeting the requirement of at least three months of full-time work, given the overall length of her employment.

Consequently, the Tribunal remitted the application for the Subclass 417 visa to the Minister for reconsideration, with a direction that Ms. Huang had met the criteria specified in cl 417.211(5)(a) and (b) of Schedule 2 to the Regulations.