Atoi (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Activity (Class GG) visa, Subclass 408 (Temporary Activity), made by a professional rugby league player. The applicant was sponsored by the Central Queensland Capras, a prominent club in the Intrust Super Cup competition. The core dispute revolved around whether the applicant possessed adequate means to support himself during his intended stay in Australia, as required by clause 408.215 of the relevant regulations.

The Tribunal was required to determine if the applicant's financial resources, derived from a professional sports contract, met the threshold for adequate means of support. This involved assessing the various components of his remuneration package, including a sign-on payment, match payments, potential bonuses for wins and finals participation, and a contribution towards health insurance. The Tribunal also considered the applicant's access to these funds and compared the overall financial package to current government policy regarding living costs for similar applicants.

In its reasoning, the Tribunal examined the terms of the applicant's contract with the Central Queensland Capras for the 2020-2021 season. It noted the significant sign-on payment of $30,000, coupled with per-game payments and bonuses that could substantially increase the total remuneration. The Tribunal found that the applicant's total financial package, estimated to be upwards of $35,000 to $40,000, far exceeded the benchmark of $20,209 per annum considered adequate for living costs. Consequently, the Tribunal was satisfied that the applicant met the requirements of clause 408.215.

Based on its findings, the Tribunal remitted the application for a Temporary Activity (Class GG) visa for reconsideration by the Minister. The remittal was specifically directed to consider the remaining criteria for the Subclass 408 (Temporary Activity) visa, with the explicit finding that the applicant had met the financial support criterion under clause 408.215.