Ngamkeatsup (Migration)

The Administrative Appeals Tribunal considered the case of Ms. Ngamkeatsup, who sought review of a decision to refuse her a Temporary Work (Long Stay Activity) (Class GB) visa. The applicant had applied for the visa in the Religious Worker stream.

The primary legal issue before the Tribunal was whether the applicant genuinely intended to stay temporarily in Australia to carry out the occupation or activity for which the visa was granted, as required by Clause 401.214 of the Migration Regulations. This involved assessing whether the applicant had complied with the conditions of her previous visas, intended to comply with the conditions of the proposed visa, and considering any other relevant matters.

The Tribunal noted that the applicant had a history of applying for and holding religious worker visas onshore since 2010. While she stated her intention was to teach meditation and assist with religious ceremonies, she also indicated that her primary motivation for seeking the current visa was to gain more time to apply for a permanent visa, a desire that arose after her previous visa refusal. Crucially, the applicant acknowledged she had not taken steps to apply for a permanent visa because she believed she would not meet the English language requirements, having scored "just below" the required level on an IELTS test and having undertaken limited English language training.

The Tribunal concluded that the applicant had not satisfied the requirements for the Religious Worker stream of the Subclass 401 visa. Consequently, the Tribunal affirmed the decision to refuse the visa.