Lovokuro (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Activity (Class GG) visa, Subclass 408 (Temporary Activity), by an applicant seeking to work as an Assistant Coach – Development Officer for the Casino Bulls Rugby Union Club. The dispute centred on whether the applicant met the specific criteria for the ‘Elite player, coach, instructor or adjudicator’ stream of this visa subclass.

The primary legal issue before the Tribunal was to determine if the applicant satisfied the requirements of clause 408.222 of Schedule 2 to the Migration Regulations 1994. Specifically, the Tribunal had to assess whether the applicant met the conditions outlined in subclauses 408.222(3)(a) (purpose of stay) and 408.222(3)(b) (invitation by a sporting organisation).

The Tribunal found that the applicant's stated intention to coach junior and senior rugby teams for the Casino Bulls Rugby Union Club satisfied the purpose of stay requirement under cl.408.222(3)(a). Furthermore, the Tribunal was satisfied that the letter of invitation from the Casino Bulls Rugby Union Club, an unincorporated association, met the requirement for an invitation from a lawfully operating sporting organisation under cl.408.222(3)(b).

Consequently, the Tribunal remitted the application to the Minister for reconsideration, with a direction that the applicant met the criteria under cl.408.222 and cl.408.219A of Schedule 2 to the Regulations. The remaining criteria for the visa were to be considered by the Minister.