Phrakhrusupatsarasopon (Migration)

This matter concerned an appeal by Mr Phrakhrusupatsarasopon against a decision not to grant him a Temporary Work (Long Stay Activity) (Class GB) visa, Subclass 401 (Religious Worker stream). The appeal was heard by the Tribunal.

The primary legal issue before the Tribunal was whether Mr Phrakhrusupatsarasopon met the requirements of clause 401.212 of Schedule 2 to the Migration Regulations 1994. This clause stipulated that an applicant must be identified in an approved nomination that has not ceased. The Tribunal also considered the impact of the repeal of the Subclass 401 visa by the Migration Amendment (Temporary Activity Visas) Regulation 2016, noting that applications lodged before 19 November 2016 were not affected.

The Tribunal reasoned that the most recent nomination made by the Monastery in relation to Mr Phrakhrusupatsarasopon was approved on 27 June 2016. Under regulation 2.75A(2)(b), such a nomination ceases 12 months after its approval, meaning it expired on 27 June 2017. The Tribunal noted that the Monastery was approved as a sponsor until 6 April 2019, but this did not extend the validity of the specific nomination. Crucially, due to the repeal of the Subclass 401 visa, a new nomination could not be lodged. Consequently, Mr Phrakhrusupatsarasopon was unable to satisfy the requirement of having an un-ceased approved nomination at the time of the decision. The Tribunal affirmed the decision not to grant the visa.