Church of God Mission International Australia (Migration)

The Administrative Appeals Tribunal considered the case of the Church of God Mission International Australia (Migration). The applicant, a pastor, sought a Temporary Activity visa (Subclass 408) to perform pastoral duties in Australia. The sponsor was the church, and the applicant stated a need for two more years in Australia to train a junior pastor.

The primary legal issue before the Tribunal was whether the visa applicant had adequate means or access to adequate means to support himself and his family during his intended stay in Australia, as required by clause 408.215 of the Migration Regulations. A related issue was whether any such means would be accessed legally, in compliance with visa conditions, particularly condition 8107, which restricts the holder from ceasing or engaging in activities inconsistent with the visa's purpose. This was relevant given the applicant had previously supported himself and his family partly through cleaning and disability care work.

The Tribunal noted the applicant's limited documented income and bank balances at the time of the initial application, which were significantly below the required threshold. While the applicant later provided a Pastor Church Covenant, bank statements showing substantial funds, and a letter confirming available funds, the Tribunal also considered the applicant's previous employment outside his ministerial role. The Tribunal ultimately affirmed the decision under review, implying that the applicant had not satisfied the financial support requirements or demonstrated that any financial support would be obtained in compliance with visa conditions.