1502856 (Migration)

This matter concerned an application for a Temporary Work (Long Stay Activity) (Class GB) visa, subclass 428 (Religious Worker stream), made by a Buddhist nun from Vietnam. The applicant had previously held several subclass 428 visas and was seeking to continue her religious work in Australia. The Department of Immigration had refused her application, and the applicant sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for the subclass 428 visa in the Religious Worker stream, specifically cl.401.214. This clause relates to the genuine intention of the applicant to remain in Australia temporarily. The delegate's refusal was based on the applicant having spent a significant amount of time in Australia since 2009, leading to concerns about her genuine intention for a temporary stay.

The Tribunal affirmed the delegate's decision, finding that the applicant had not met the requirements for the Religious Worker stream of the visa. While the applicant provided evidence of her religious work and her connection to the sponsoring temple, the Tribunal was not satisfied that she genuinely intended a temporary stay in Australia, as required by the visa provisions. The Tribunal noted the applicant's extensive periods of stay in Australia and her previous visa history. Consequently, the Tribunal affirmed the decision not to grant the visa.