ZONGDE BUDDHIST TEMPLE AUSTRALIA (Migration)

The Administrative Appeals Tribunal considered a decision to refuse the approval of a nominated position under the Direct Entry nomination stream. The applicant, Zongde Buddhist Temple Australia, sought approval for a Director and Administration Manager (Minister of Religion – 272211) position. The Tribunal was required to determine whether the nominated position met the requirements for approval under regulation 5.19(4) of the Migration Regulations 1994.

The central legal issue before the Tribunal was whether the tasks to be performed in the nominated position corresponded to the tasks of an occupation specified in the relevant instrument, as required by regulation 5.19(4)(h)(i)(A). The Tribunal also considered whether the nominee was a paid employee, a requirement under regulation 5.19(4)(a)(ii). The Tribunal noted that regulation 5.19(4)(h)(ii) was not relevant as the business was not located in regional Australia.

The Tribunal reasoned that the evidence presented did not establish that the nominee would be a paid employee, nor that the tasks of the nominated position corresponded to the occupation of Minister of Religion. The Tribunal heard evidence that the nominee's father, a senior lecturer, headed services and that the nominee's father owned the residential property from which the Temple was temporarily operating. The Tribunal concluded that the applicant had not satisfied the requirements of regulation 5.19(4).

Consequently, the Tribunal affirmed the decision under review to refuse the nomination.