Yang (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Temporary Activity (Class GG) visa (Subclass 408) as a religious worker. The applicant's nominated sponsor was Nyingmapa Tenglong (Australia) Buddhist Dzogchen Meditation Centre Pty Ltd. The Tribunal was tasked with determining whether the applicant met the requirements for this visa subclass, specifically clause 408.223 of the Regulations.

The primary legal issue before the Tribunal was whether the applicant satisfied the "Religious worker" requirements under clause 408.223 of the Regulations. This clause necessitates that the applicant be invited by a lawfully operating religious institution in Australia, that the proposed activities are predominantly non-profit and serve the institution's religious objectives, and that the applicant possesses appropriate qualifications and experience. Crucially, the sponsoring institution must also pass a sponsorship test, which includes meeting specific criteria related to its registration and tax status.

The Tribunal focused on clause 408.223(b), which requires an invitation from a "religious institution." The definition of a religious institution under regulation 1.03 includes being registered as income tax exempt under section 50-1 of the Income Tax Assessment Act 1997. The Tribunal noted that information from the Australian Tax Office indicated the applicant's nominated sponsor was not registered as income tax exempt. As this was an essential requirement for the visa, and it was not met, the Tribunal concluded that the applicant did not satisfy clause 408.223.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Temporary Activity (Class GG) visa.