GYAMFI (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Activity (Class GG) visa, Subclass 408 (Temporary Activity), made by an applicant seeking to work as a religious assistant. The applicant's brother, a church pastor, was the nominator. The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically concerning the genuine temporary stay requirement and the nature of the nominated position.

The central legal issue was whether the applicant genuinely intended to stay temporarily in Australia for the purpose of being a religious assistant, as required by clause 408.213 of the Migration Regulations. This assessment involved considering whether the applicant had complied with the conditions of any previous visas and whether they intended to comply with the conditions of the Subclass 408 visa. The Tribunal also had to consider whether the nominated position aligned with the applicant's skills and the relevant occupation descriptions.

The Tribunal found that the applicant's background in information technology was significantly different from the nominated position of church music minister. There was a lack of evidence demonstrating qualifications in music or teaching, or completion of a theology course. While the applicant claimed to perform music, IT, and general duties, the IT and other tasks were not mentioned in the position description or the relevant ANZSCO occupation description. Furthermore, the applicant's tax assessment showed very low income without explanation, and inconsistencies arose regarding whether IT lessons were voluntary or part of paid employment. The Tribunal concluded that the role appeared to be that of a general assistant rather than a religious assistant as described in the ANZSCO code.

Consequently, as one of the essential requirements for the visa was not met, the Tribunal affirmed the decision not to grant the applicant a Temporary Activity (Class GG) visa.