Som (Migration)

This matter concerned an application for a Temporary Activity (Class GG) visa, subclass 408 (Temporary Activity), made by an applicant seeking to continue their role as a Buddhist monk. The Tribunal was required to determine whether the applicant met the criteria under clauses 408.111 and 408.213 of Schedule 2 to the Migration Regulations 1994.

The Tribunal considered two primary legal issues. First, whether the applicant's sponsoring institution, Wat Monirangsi, met the requirements of clause 408.111, specifically regarding its status as an approved sponsor and the consideration of any adverse information. Second, the Tribunal assessed whether the applicant genuinely intended to stay temporarily in Australia for the purpose of their role as a religious worker, as required by clause 408.213, by examining their compliance with previous visa conditions and their intention to comply with the conditions of the subclass 408 visa.

The Tribunal found that the sponsorship approval for Wat Monirangsi had been obtained and was valid, and that any potential adverse information regarding planning permission for the temple site was reasonable to disregard due to subsequent council approval. Furthermore, the Tribunal was satisfied that there was no evidence of the applicant failing to comply with the conditions of any previously held substantive visas. Consequently, the Tribunal concluded that the applicant met the criteria under both clauses 408.111 and 408.213.

Given these findings, the Tribunal remitted the application to the Minister for reconsideration, directing that the applicant satisfied the sponsorship and genuine temporary entrant criteria for the subclass 408 visa.