Fox (Migration)

This matter concerned an application for a Subclass 408 (Temporary Activity) visa by Mr Fox, who sought to enter or remain in Australia to be employed as a coach. The dispute before the Tribunal was whether Mr Fox met the requirements of clause 408.219A of Schedule 2 to the Migration Regulations 1994, which necessitates that a clause in Subdivision 408.22 of Schedule 2 applies to the applicant. Mr Fox sought to satisfy the criteria under clause 408.222(3), relating to an elite player, coach, instructor, or adjudicator.

The primary legal issue before the Tribunal was to determine if Mr Fox satisfied all the requirements of clause 408.222(3) of Schedule 2 to the Regulations. Specifically, the Tribunal had to assess whether his purpose of stay was to be a coach for an Australian sporting team or organisation, whether he had been invited by a lawfully operating Australian sporting organisation, and whether he had entered into a formal arrangement for his participation. Additionally, the Tribunal needed to consider whether the Minister had been provided with a letter of endorsement from the relevant national sporting body certifying Mr Fox's ability to coach at the Australian national level, and whether the sponsoring organisation met the sponsorship or support test.

The Tribunal found that Mr Fox's stated purpose of stay was to be a Head of Youth Football Coach for Manly United FC, an Australian sporting organisation, and that he had provided evidence of an employment contract and a letter from the club confirming his role. The Tribunal was also satisfied that Mr Fox held the necessary coaching qualifications, evidenced by his Asian Football Confederation / Football Australia B Diploma, and that Football Australia had provided a letter of endorsement. Based on this evidence, the Tribunal concluded that Mr Fox met the requirements of clause 408.219A and clause 408.222 of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the application for a Temporary Activity (Class GG) visa for reconsideration. The Tribunal directed that the applicant meets the criteria specified in clause 408.219A and clause 408.222 of Schedule 2 to the Regulations, leaving the assessment of the remaining visa criteria to the Minister.