SINGH (Migration)

This matter concerned an application for a Temporary Activity (Class GG) visa, Subclass 408 (Temporary Activity), by an applicant seeking to remain in Australia as a religious worker. The applicant, a Sikh priest (granthi), had been invited by the Guru Nanak Society of Australia to provide religious services. The core dispute revolved around whether the applicant met the requirements of clause 408.223 of the Migration Regulations 1994, which outlines the criteria for a religious worker visa. The decision was made by Senior Member Denis Dragovic of the Administrative Appeals Tribunal.

The Tribunal was required to determine if the applicant satisfied several key criteria under clause 408.223. These included whether the applicant intended to provide services as a religious worker, had been invited by a lawfully operating religious institution in Australia, would be engaged on a full-time basis in activities predominantly non-profit and serving the religious objectives of the institution, possessed the appropriate qualifications and experience, and whether the inviting religious institution met the sponsorship or support test. The Tribunal also needed to consider clause 408.219A, which is an essential requirement for the visa.

The Tribunal found that the applicant's stated purpose of remaining in Australia as a granthi, preaching, and performing religious music was plausible, supported by his lifelong dedication to his faith and prior experience in similar roles. The Tribunal was satisfied that the Guru Nanak Society of Australia met the sponsorship test, being a registered non-profit entity with significant expenditure in Australia and holding current income tax exempt status. Furthermore, the applicant's detailed schedule of duties, including morning and evening services, teaching, and prayer, demonstrated full-time engagement in activities aligned with the religious objectives of Sikhism, as independently described by a religious affairs director. The applicant's formal studies, certifications, and references confirmed his qualifications and experience as a granthi.

Consequently, the Tribunal concluded that the applicant met the requirements of clause 408.223 and clause 408.219A of the Regulations. The matter was remitted to the Minister for reconsideration, with the direction that these specific criteria for the Subclass 408 visa had been satisfied.