North (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Temporary Work (Long Stay Activity) (Class GB) visa, specifically under the Religious Worker stream (Subclass 401). The primary dispute concerned whether the applicant had adequate means of financial support and whether she met the requirements of Public Interest Criterion 4001, which necessitates the provision of an overseas police certificate.

The Tribunal was required to determine two key issues: first, whether the applicant possessed or had access to adequate financial means to support herself during her intended stay in Australia, as stipulated by clause 401.215 of the Regulations; and second, whether the applicant satisfied the additional criteria prescribed by regulation 2.03AA concerning the provision of information about her criminal history, which is linked to Public Interest Criterion 4001.

In its reasoning, the Tribunal found that while the applicant had limited personal savings, the Church of Scientology had provided a letter confirming it would cover all her living expenses, including accommodation, board, healthcare, and incidentals, in addition to a weekly stipend. Consequently, the Tribunal accepted that the applicant had access to adequate means of support, satisfying clause 401.215. Regarding regulation 2.03AA, the Tribunal noted that the department had requested offshore police certificates, which the applicant had not provided, preventing the delegate from assessing her against PIC 4001. However, the Tribunal remitted the matter to the Minister with a direction that the applicant satisfied both clause 401.215 and regulation 2.03AA, with the Minister to consider the remaining criteria for the visa grant.