Loganimasi (Migration)

The Administrative Appeals Tribunal considered a decision concerning an applicant for a Temporary Activity (Class GG) visa, Subclass 408. The dispute arose when the applicant's sponsor, Casino Rugby Union Club Inc., withdrew its sponsorship agreement. The Tribunal, presided over by Senior Member R. Skaros, was tasked with determining whether the applicant met all the applicable requirements for the visa, specifically clause 408.222(3)(e).

The central legal issue before the Tribunal was whether the applicant satisfied the sponsorship or support test as required by clause 408.222(3)(e) of the Migration Regulations. This clause mandates that the relevant sporting organisation must be an approved temporary activities sponsor and pass the sponsorship test. The sponsorship test, as defined in clause 408.111, requires the sponsor to be approved, have a written agreement to sponsor the applicant, not have withdrawn that agreement, and not have ceased to be the sponsor. Additionally, there must be no adverse information known to Immigration, or any such information must be reasonable to disregard.

The Tribunal reasoned that the applicant's circumstances, including their location at the time of application and the stated length of stay, necessitated the sporting organisation passing the sponsorship test. However, on 19 November 2019, the nominated sponsor, Casino Rugby Union Club Inc., explicitly withdrew its agreement to sponsor the applicant. The Tribunal notified the applicant of this withdrawal and its relevance to the sponsorship test, inviting a response. Despite being granted an extension, the applicant failed to provide any further material for consideration. Consequently, the Tribunal applied section 359C and 360(3) of the Migration Act, which meant the applicant was not entitled to a hearing. The Tribunal concluded that as a fundamental requirement for the visa was not met due to the sponsor's withdrawal, the decision under review had to be affirmed.

The Tribunal affirmed the decision not to grant the applicant a Temporary Activity (Class GG) visa.