COOMA UNITED RUGBY LEAGUE FOOTBALL CLUB (Migration)

This matter concerned an application for a Temporary Activity (Class GG) visa, Subclass 408, made by Mr Nkouak Mbindzing. The dispute arose because the delegate refused the visa application, primarily due to the absence of an endorsement letter from the relevant national sporting body at the time of the delegate's decision. The case was heard by the Tribunal, presided over by Katie Malyon.

The central legal issue before the Tribunal was whether Mr Nkouak Mbindzing met the requirements of clause 408.222(3) of Schedule 2 to the Migration Regulations 1994, specifically the criteria for an "Elite player, coach, instructor or adjudicator." This involved assessing whether the applicant's purpose of stay, invitation by a sporting organisation, formal arrangements, and the provision of an endorsement letter from the national sporting body were satisfied, along with the sponsorship test for the sporting organisation.

The Tribunal found that Mr Nkouak Mbindzing satisfied the requirements of clauses 408.222(3)(a), (b), (c), and (e). Crucially, while the delegate had refused the application due to the lack of an endorsement letter at the time of decision, the Tribunal considered two letters of endorsement provided by the National Rugby League (NRL), the national sporting body for Rugby League in Australia. The Tribunal was satisfied that these letters, particularly the updated one dated 22 December 2022, certified Mr Nkouak Mbindzing's ability to play at a senior level in Australia, thereby meeting the requirement of clause 408.222(3)(d).

Consequently, the Tribunal concluded that Mr Nkouak Mbindzing met the criteria under clause 408.222(3) and therefore clause 408.219A. The Tribunal remitted the application for reconsideration by the Minister, directing that the applicant met these specified criteria for the Subclass 408 visa.