Oniyelu (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa (subclass 482) under the Labour Agreement stream, specifically for the nominated occupation of Minister of Religion. The applicant, Gbenga Oniyelu, sought to have a decision affirmed by the Administrative Appeals Tribunal reviewed. The applicant was nominated by The Gospel Faith Mission International Incorporated, an evangelical church based in Sydney with a mission station in Canberra.

The primary legal issue before the court was whether the applicant possessed an approved labour agreement with the Commonwealth, as required by regulation 2.72(5)(b) of the Migration Regulations 1994, to support his application for a subclass 482 visa as a Minister of Religion. The court was required to determine if the applicant met this specific criterion for the visa grant.

The Tribunal found that while the applicant was genuinely employed as a Minister of Religion and performed duties consistent with the ANZSCO Code for that occupation, and possessed the requisite experience and qualifications, he did not have an approved sponsor labour agreement with the Commonwealth. Consequently, the applicant failed to meet the requirements of regulation 2.72(5)(b) and clause 482.212 of the Migration Regulations. As this was an essential requirement for the visa, the Tribunal affirmed the decision under review. The Tribunal noted, however, that the nominating sponsor's church appeared to be professionally operated and made a significant community contribution. The Tribunal also acknowledged the Minister's personal, non-compellable power under section 351 of the Migration Act 1958 to substitute a more favourable decision if considered in the public interest, referencing departmental guidelines for such considerations.