Roberts (Migration)

This matter concerned an application for a Temporary Activity (Class GG) visa, Subclass 408, before the Tribunal. The applicant sought to satisfy the requirements under clause 408.222(3) of Schedule 2 to the Regulations, specifically relating to being an "elite player, coach, instructor or adjudicator". The core of the dispute revolved around whether the applicant had provided sufficient evidence to meet the criteria for a formal arrangement with an Australian sporting organisation and a letter of endorsement from the relevant national sporting body.

The Tribunal was required to determine if the applicant had met the requirements of clause 408.222(3)(c) and clause 408.222(3)(d) of Schedule 2 to the Regulations. Clause 408.222(3)(c) necessitates a formal arrangement for the applicant to participate as a player, coach, instructor, or adjudicator with an Australian sporting team or organisation for a specified period. Clause 408.222(3)(d) requires a letter of endorsement from the national sporting body responsible for the sport in Australia, certifying the applicant's ability to perform at the Australian national level.

The Tribunal found that the applicant had satisfied both of these criteria. A contractual agreement between the applicant and the Pinjarra Cricket Club, dated 20 December 2019, was accepted as evidence of a formal arrangement under clause 408.222(3)(c). Furthermore, a letter dated 11 February 2020, signed by the Community Cricket Coordinator of Cricket Australia, was accepted as a valid endorsement certifying the applicant's ability to compete at the national level, thereby satisfying clause 408.222(3)(d).

Consequently, the Tribunal remitted the application for a Temporary Activity (Class GG) visa for reconsideration by the Minister, with the direction that the applicant had met the criteria specified in clauses 408.222(3)(c) and 408.222(3)(d) of Schedule 2 to the Regulations. The Minister was to consider the remaining criteria for the visa.