Mfabana (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Temporary Activity (Class GG) visa, Subclass 408 (Temporary Activity), specifically under the Special Programmes stream. The applicant sought to satisfy the criteria for this visa subclass, which requires meeting at least one of the alternative pathways outlined in Subdivision 408.22 of Schedule 2 to the Migration Regulations 1994. The primary dispute revolved around whether the applicant met the requirements of clause 408.228, which pertains to participation in special programs.

The legal issue before the Tribunal was whether the applicant satisfied the criteria for the Special Programmes stream of the Subclass 408 visa, specifically under clause 408.228. This clause requires the applicant to participate in a program that has been approved in writing by the Secretary, is conducted by a community-based, non-profit Australian organisation or a government agency, and where the organisation is a party to a special program agreement with the Secretary. The Tribunal examined the applicant's attempt to meet clause 408.228(5), which covers "Other Programs," and considered whether the proposed sponsoring organisation, Carers for Africa, met the stipulated requirements.

The Tribunal found that the applicant did not meet the criteria for the Special Programmes stream. While the applicant sought to rely on clause 408.228(5), which allows for participation in programs with objectives of cultural enrichment or community benefit, it was conceded that the proposed sponsor, Carers for Africa, was not a party to a special program agreement with the Secretary, as required by clause 408.228(5)(c). The Tribunal noted that the various subclauses within clause 408.228 represent alternative pathways, and as the applicant failed to satisfy the requirements of clause 408.228(5) and did not claim to meet other subclauses such as 408.228(2) to (4), the essential requirement of clause 408.219A was not met.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Temporary Activity (Class GG) visa.