Atoi (Migration)

[2020] AATA 4521

Atoi (Migration) [2020] AATA 4521 (30 October 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Chalice Hostine Atoi

CASE NUMBER:  1831472

HOME AFFAIRS REFERENCE(S):          BCC2018/3490557

MEMBER:Denis Dragovic

DATE:30 October 2020

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the application for a Temporary Activity (Class GG) visa for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 408 visa:

·cl.408.215 of Schedule 2 to the Regulations.

Statement made on 30 October 2020 at 11:04am

CATCHWORDS
MIGRATION – Temporary Activity (Class GG) visa – Subclass 408 (Temporary Activity) – adequate means of support during stay – professional sports contract – sign-on payment, match payments and bonuses, health insurance and perks – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 408.215

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Home Affairs on 16 October 2018 to refuse to grant the applicant a Temporary Activity (Class GG) visa under s.65 of the Migration Act 1958 (the Act).

2. The applicant applied for the visa on 13 September 2018. At the time of application, Class GG contained one subclass: Subclass 408 (Temporary Activity). The criteria for a Subclass 408 visa are set out in Part 408 of Schedule 2 to the Migration Regulations 1994 (the Regulations). Applicants must satisfy the common criteria in Subdivision 408.21 and the criteria of one the alternative clauses set out in Subdivision 408.22.

3. The delegate in this case refused to grant the visa on the basis that the applicant did not satisfy cl.408.215 of Schedule 2 to the Regulations because the delegate found that the applicant does not have adequate means of support.

4. The applicant was represented in relation to the review by his registered migration agent.

5. For the following reasons, the Tribunal has concluded that the matter should be remitted for reconsideration.

   CONSIDERATION OF CLAIMS AND EVIDENCE

6. The issue in this case is whether the applicant meets clause 408.215 which requires the applicant being able to support himself during his stay in Australia.

7. The applicant is being sponsored by the Central Queensland Capras. According to their website they are:

   [T]he premier rugby league club in Central Queensland. Based in Rockhampton, the Capras represent the whole Central Queensland region from Bundaberg and Gladstone in the south, Emerald, Blackwater & Longreach in the west to Clermont in the north.

   The Capras compete in the state-wide Intrust Super Cup Competition which is the direct pathway to the NRL and widely regarded as the second-best rugby league competition in Australia.

8. The applicant is a 21 year old rugby player who has been associated with the Capras for three years. The head coach in an undated submission receved by the Tribunal on the 26 October 2018 wrote that the applicant was offered a ‘first grade playing squad contract to play in the Intrust Super Cup’ during 2019. A copy of the contract was provided to the Department. The Tribunal has received a revised contract covering the 2020/21 season. 

9. Clause 408.215 requires that

   The applicant has:

   (a)  adequate means to support himself or herself; or

   (b)  access to adequate means to support himself or herself;

   during the period of the applicant’s intended stay in Australia.

10. The 2020-2021 contract offer to the applicant with the Central Queensland Capras details the terms and conditions as well as a schedule of payment that includes a sign on payment of $30,000, every Intrust Super Cup game played $300, every win a bonus $500 an additional bonus for final play of $500 and a contribution to health insurance of up to $500 per season. The contract notes that collectively payments will be made on a monthly basis.

11. In addition the applicant will receive additional perks such as free shoes, access to the gym and support in finding accommodation.

12. In the 2019 season there were 23 games played as such the applicant’s game payment, barring injury and demotion or expulsion, could amount to $6,900. Any wins and participation in the finals will increase this to potentially over $10,000.

13. As such, in total the applicant’s package ranges upwards of approximately $35,000 and potentially over $40,000. It is current government policy with regards to a different subclass of applicants that $20,209 p.a. is the required amount of funds available for living costs. I am satisfied that the applicant has more than adequate means to support himself.

14. Accordingly, cl.408.215 is met.

15. Given the findings above, the appropriate course is to remit the matter to the Minister to consider the remaining criteria for the visa.

    DECISION

16. The Tribunal remits the application for a Temporary Activity (Class GG) visa for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 408 (Temporary Activity) visa:

    ·cl.408.215 of Schedule 2 to the Regulations.

    Denis Dragovic
    Senior Member