Ken (Migration)

This matter concerned an application for a Temporary Activity (Class GG) visa, Subclass 408 (Temporary Activity), by an individual seeking to undertake religious work in Australia. The applicant had previously held multiple Religious Worker visas, accumulating a significant period of stay in Australia. The primary issue before the Tribunal was whether the applicant genuinely intended to stay temporarily in Australia, as required by clause 408.213 of the Migration Regulations.

The Tribunal was required to determine if the applicant met the criteria under clause 408.213, which involves assessing whether the applicant has complied with the conditions of their previous visas, intends to comply with the conditions of the proposed visa, and considering any other relevant matters. The Tribunal found that the applicant had complied with the conditions of their last substantive visa and any subsequent bridging visas. Furthermore, there was no evidence to suggest the applicant would not comply with the conditions of the Subclass 408 visa, namely maintaining participation in the approved activity and refraining from disruptive conduct.

In considering other relevant matters, the Tribunal acknowledged the applicant's lengthy stay in Australia, exceeding the departmental policy of a four-year limit on temporary visas. The delegate's refusal had placed significant weight on the applicant having spent 728 days beyond this policy period, the lack of evidence of application for another visa class, and prior counselling regarding extended stays on temporary activity visas. However, the Tribunal concluded that the applicant had satisfied the criteria under clause 408.213. Consequently, the Tribunal remitted the application for reconsideration by the Minister, directing that the applicant met the criteria under clause 408.213.