1507139 (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning the approval of a nomination for a Minister of Religion position. The applicant, the Disciples Church, sought to nominate Mr. Kyung-suk Kim for this role in metropolitan Sydney. The delegate had previously refused to approve the nomination, finding that the proposed duties did not align with those of a Minister of Religion as defined by ANZSCO, and instead considered the role to be that of a Religious Assistant.

The Tribunal was required to determine whether the applicant met all the requirements for approval of the nomination under the Direct Entry stream, specifically as set out in regulation 5.19(4) of the Migration Regulations 1994. The central issue revolved around whether the nominated position genuinely corresponded to the occupation of a Minister of Religion and whether the duties described and performed by the nominee satisfied the criteria, particularly in light of the delegate's concerns about the role's classification and the spiritual leadership provided by the senior pastor.

The Tribunal considered oral evidence from the senior pastor, Rev. Cho, who explained his reduced capacity to perform ministerial duties due to his teaching commitments at Kairos Christian College. This explanation supported the assertion that the nominee, Mr. Kim, was currently the primary Minister of Religion for the church. The Tribunal was satisfied that the nominee's qualifications and the described duties, including preparing and delivering services, providing spiritual guidance, conducting home visits, leading prayer groups, performing religious celebrations, and organising the choir, corresponded to the tasks of a Minister of Religion. Furthermore, the Tribunal found that the requirements of regulations 5.19(4)(e), (f), and (g) were met, noting no adverse information and satisfactory compliance with workplace relations laws.

Consequently, the Tribunal set aside the delegate's decision and substituted a decision approving the nomination.