Davinder Kaur (Migration)

This matter concerned an application for a Temporary Activity (Class GG) visa, subclass 408 (Temporary Activity), specifically under the religious worker stream. The applicant sought to be recognised as a society pastoral worker. The decision under review was made by the Tribunal, with Member Alan McMurran presiding.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the grant of the visa, particularly the requirement for appropriate qualifications and experience to undertake religious work or activities as stipulated in clause 482.223(d) of the Regulations. The Tribunal also considered whether the applicant satisfied the essential requirement under cl 408.219A, which necessitates meeting one of the alternative pathways outlined in Subdivision 408.22 of Schedule 2 to the Regulations, with the applicant specifically relying on the 'Religious worker' provisions.

The Tribunal reasoned that the applicant had not provided sufficient information to demonstrate the required qualifications and experience for religious work. The applicant's stated employment history, prior to lodging the application in 2019, indicated work in the healthcare industry as a community support worker and Assistant in Nursing. While the sponsor, a registered charity operating Sikh temples, described the role of a society pastoral worker as requiring experience in servicing various community groups and respecting the Sikh faith, the applicant's background did not appear to align with these specific religious work requirements. Furthermore, the Tribunal noted that the applicant had not responded to an invitation to provide further information, and the proposed period of stay had expired.

Consequently, as the Tribunal concluded that two essential requirements for the visa were not met, the decision under review was affirmed. The Tribunal therefore affirmed the decisions not to grant the applicant the Temporary Activity (Class GG) visa.