1517656 (Migration)

The Administrative Appeals Tribunal considered a nomination for a position under the Direct Entry stream. The applicant sought approval for a nominated position as a Minister of Religion (ANZSCO 272211) for a Resident Monk at a Buddhist monastery. The delegate had refused the nomination, finding that the duties described were more aligned with a Religious Assistant (ANZSCO 451816), a lower-skilled occupation.

The primary legal issue before the Tribunal was whether the nominated position met all the requirements for approval under regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the tasks of the nominated position genuinely corresponded to those of a Minister of Religion as defined by ANZSCO, and if the nominating business met the relevant training benchmarks for an established business.

The Tribunal found that while the delegate had focused on the lower-skilled aspects of the role, the evidence, including the employment contract, organisational chart, and letters from the monastery's leadership, demonstrated that the nominee's duties were broadly consistent with those of a Minister of Religion. These duties included preparing and conducting religious services, providing spiritual guidance, delivering discourses, and performing religious ceremonies. The Tribunal also accepted that the nominating business met the training benchmarks for an established business, having operated for over 12 months and providing relevant training to its Australian employees.

Consequently, the Tribunal set aside the delegate's decision and substituted a decision approving the nomination, finding that all the requirements of regulation 5.19(4) were met.