Cang (Migration)

This matter concerned an application for a Temporary Business Entry (Class GG) visa, Subclass 408 (Temporary Activity), by a minister of religion. The applicant had resided in Australia for over eight years on various temporary visas. The Administrative Appeals Tribunal was required to determine whether the applicant met the criterion of being a genuine temporary entrant, as stipulated by clause 408.213 of the Migration Regulations.

The Tribunal considered whether the applicant had complied with the conditions of her previous substantive visas and whether she intended to comply with the conditions of the Subclass 408 visa. While the Tribunal was satisfied on these points, it raised concerns regarding the applicant's lengthy immigration history in Australia, which appeared inconsistent with an intention to stay temporarily. Further, a submission from the applicant's representative indicated the sponsor's intent to support her for permanent residency.

In its reasoning, the Tribunal noted that the applicant's sponsor had previously sought permanent residency for her, but this pathway was no longer available as the "Minister of Religion" category was removed from the skilled occupation list. The applicant explained that her church had attempted to find a replacement but had been unsuccessful, and as a minister, she remained at the disposal of her church. Despite these explanations, the Tribunal concluded that the applicant's immigration history did not support a genuine intention to stay temporarily in Australia. The Tribunal affirmed the decision not to grant the visa.