Gye (Migration)

This matter concerned an application for a Temporary Activity (Class GG) visa, Subclass 408 (Temporary Activity), under the religious work stream. The applicant sought to remain in Australia to work as a Creative and Worship Pastor for the VECA. The Tribunal was required to determine whether the applicant met the requirements of clause 408.223 of Schedule 2 to the Regulations, which outlines the criteria for the religious worker stream.

The primary legal issue before the Tribunal was whether the applicant satisfied the requirements of clause 408.223(a) and (b). Clause 408.223(a) requires the applicant to intend to provide services as a religious worker, while clause 408.223(b) mandates an invitation from a lawfully operating religious institution in Australia. The Tribunal considered the applicant's curriculum vitae, qualification documents, and evidence from VECA, including minutes approving the applicant's appointment and a position description.

The Tribunal found that the applicant's intended role as a Creative and Worship Pastor, involving the direction of music, media, and social media activities, and the leading of church services, was consistent with the principal activities of a religious institution and the tasks performed by religious workers. The Tribunal was satisfied that the applicant sought to remain in Australia to provide services as a religious worker, thus meeting the requirements of clause 408.223(a). The Tribunal also considered the definition of a 'religious institution' under regulation 1.03, which involves an organisation promoting a religious object, whose members hold religious beliefs and adhere to certain conduct, and which meets specific income tax assessment requirements.

Given these findings, the Tribunal concluded that the matter should be remitted to the Minister for reconsideration. The Tribunal directed that the applicant met the criteria under cl 408.223 and cl 408.219A of Schedule 2 to the Regulations, indicating that other criteria for the visa would need to be assessed.