Jeong (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Activity (Class GG) visa, Subclass 408 (Temporary Activity) visa, in the religious worker stream, made by an applicant seeking to remain in Australia as a Religious Assistant. The sponsor was the Church for the Glory of the Lord Incorporated.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 408.223 of Schedule 2 to the Migration Regulations 1994, specifically concerning the purpose of stay and the invitation by a religious institution. The Tribunal was required to determine if the applicant's proposed role as a Religious Assistant constituted providing services as a religious worker, and if the sponsoring organisation qualified as a "religious institution" as defined by regulation 1.03.

The Tribunal found that the applicant's described duties, including assisting the Pastor with various church activities, were consistent with the role of a religious worker. Regarding the sponsor's status, the Tribunal noted that the definition of a religious institution includes meeting requirements for income tax exemptions under the *Income Tax Assessment Act 1997*. While the sponsor's charity tax concession status had lapsed after the visa application was lodged, it had since been reinstated. Evidence from the Australian Taxation Office and the Australian Charities Not-for-Profits Commission confirmed the organisation's registration as a charity and its eligibility for tax concessions.

Consequently, the Tribunal concluded that the applicant met the criteria under clause 408.223. The matter was remitted to the Minister for reconsideration, with the direction that the applicant satisfied this specific visa criterion.