Hove (Migration)

This matter concerned an application for a Temporary Activity (Class GG) visa, Subclass 408 (Temporary Activity), by a religious worker. The applicant sought to satisfy the requirements under cl.408.223 of Schedule 2 to the Regulations, which pertains to the religious worker stream. The sponsoring organisation was Forward in Faith Ministries International Ltd. The decision was made by Senior Member R. Skaros of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of cl.408.223 for the religious worker stream of the Subclass 408 visa. This involved assessing whether the applicant intended to provide services as a religious worker and whether they had been invited by a lawfully operating religious institution in Australia, as defined by r.1.03. The definition of a religious institution included specific criteria related to its objectives, the beliefs and practices of its members, and its tax status under the Income Tax Assessment Act 1997.

The Tribunal found that the applicant's proposed role as a Pastor, as evidenced by an Offer of Employment letter, involved overseeing pastoral staff, coordinating activities, teaching, praying, and shepherding the organisation, which were consistent with the principal activities of a religious worker. Therefore, the Tribunal was satisfied that the applicant met the requirements of cl.408.223(a). Furthermore, supporting documents, including the organisation's Constitution, indicated objectives aligned with promoting Christian faith and principles, suggesting it met the definition of a religious institution.

Consequently, the Tribunal remitted the applications for reconsideration by the Minister, with the direction that the first named applicant met the criteria specified in cl.408.223 and cl.408.219A of Schedule 2 to the Regulations.