Mun (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Activity (Class GG) visa, Subclass 408, made by an applicant seeking to work as a religious worker. The dispute centred on whether the applicant met the eligibility requirements for this visa subclass, specifically concerning the nature of their proposed role and the status of the sponsoring religious institution.

The Tribunal was required to determine if the applicant met the criteria outlined in clause 408.223 of Schedule 2 to the Migration Regulations 1994. This involved assessing whether the applicant sought to enter or remain in Australia to provide services as a religious worker, and whether they had been invited to do so by a religious institution lawfully operating in Australia. The definition of a "religious institution" under regulation 1.03, which includes requirements relating to the promotion of religious objects, the beliefs and practices of its members, and compliance with tax assessment and income tax exemption provisions, was central to this assessment.

The Tribunal found that the applicant's proposed role as a Deacon-Music Director, involving conducting prayer services, preaching, leading bible studies, and assisting with music and administrative functions related to praise and worship, satisfied the requirement of providing services as a religious worker. Furthermore, the Tribunal was satisfied that the sponsoring organisation, a Presbyterian Christian church, met the definition of a religious institution. Evidence presented, including a letter from the Australian Taxation Office confirming endorsement for charity tax concessions and an extract from the Australian Charities and Not-for-profits Commission indicating current charity registration and reporting, supported this conclusion.

Consequently, the Tribunal remitted the applications for the Temporary Activity (Class GG) visas for reconsideration by the Minister, with a direction that the first applicant met the criteria under clause 408.223 of Schedule 2 to the Regulations.