Jang (Migration)

This matter concerned an application for a Temporary Activity (Class GG) visa, Subclass 408, by a 63-year-old man who had been in Australia for approximately 14 years. The applicant, a musician and ordained pastor, sought to remain in Australia to complete a Christian music festival project. The core dispute revolved around whether the applicant met criterion 408.213 and genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted, particularly in light of his extended period of stay.

The court was required to determine if the applicant genuinely intended to stay temporarily in Australia for the purpose of the visa, as stipulated by clause 408.213 of the Migration Regulations. This involved assessing whether his proposed activities, specifically organising a Christian music festival, constituted a genuine temporary stay, notwithstanding his long presence in Australia and his previous grants of temporary activity visas.

The court found that the applicant met criterion 408.213. It reasoned that the applicant's initiative to organise a Christian music festival, with the support of local churches and an employment contract, demonstrated a genuine purpose for his continued stay. The court acknowledged the applicant's intention to see this project through before returning to South Korea, where his other siblings reside. Consequently, the matter was remitted to the Minister for reconsideration of the remaining visa criteria.