Gyawali (Migration)

This matter concerned an application for a Temporary Activity (Class GG) visa, Subclass 408 (Temporary Activity), Religious Worker stream, by Mr Gyawali, who sought to work as a Hindu priest in Australia. The decision was made by Member Mary Sheargold of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirement under cl.408.213 of Schedule 2 to the Regulations, specifically concerning the genuine temporary entrant criterion. This involved assessing whether the applicant had complied with the conditions of previous visas, whether he intended to comply with the conditions of the proposed Subclass 408 visa, and considering any other relevant matters.

The Tribunal found that the applicant had complied substantially with the conditions of all previous visas held in Australia, satisfying cl.408.213(a). Furthermore, considering his continuous engagement as a Hindu priest and his lack of any history of disruptive conduct, the Tribunal was satisfied that the applicant intended to comply with the conditions of the Subclass 408 visa, including maintaining participation in his religious work and refraining from violent or disruptive conduct, thus meeting cl.408.213(b). The Tribunal also considered other relevant matters under cl.408.213(c), noting the Department's previous policy which included the number of previous temporary activity visas held and the total time spent in Australia in such activities.

Consequently, the Tribunal concluded that the matter should be remitted for reconsideration by the Minister, with a direction that the first applicant meets the criteria under cl.408.213. The reconsideration was to include consideration of the remaining visa criteria and the application of the secondary applicant.