Fernandopulle (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Activity (Class GG) visa, Subclass 408 (Temporary Activity), Religious Worker stream. The applicant sought to work as a Pastor and counsellor for Influence Church Incorporated. The core dispute revolved around whether the applicant genuinely intended to stay in Australia temporarily for the purpose for which the visa was sought, as required by clause 408.213 of the Migration Regulations.

The Tribunal was required to determine if the applicant met the criteria for the visa, specifically focusing on the genuine temporary entrant requirement. This involved assessing whether the applicant had complied with the conditions of previous visas, intended to comply with the conditions of the proposed visa, and considering any other relevant matters. The applicant’s extensive visa history in Australia, particularly his continuous period as a religious worker since November 2014, was a significant factor in this assessment.

The Tribunal reasoned that while the applicant had complied with visa conditions and intended to comply with future ones, his prolonged stay in Australia as a religious worker raised questions about his genuine intention to remain temporarily. The Tribunal noted that the applicant had been in Australia on various religious worker visas for almost eight years. Despite the applicant’s assertion that he needed more time to train a successor and assist his specialised congregation, the Tribunal found that the cumulative length of his stays, coupled with the purpose of the visa program, indicated that he did not meet the genuine temporary entrant criterion.

Consequently, the Tribunal affirmed the decision not to grant the visa. As the primary applicant did not meet the criteria, the applications by any secondary applicants, who would need to be members of the primary applicant's family unit, also could not succeed.