Overview

The Migration (Class of persons and Specified Events for Class GG visa and Subclass 408 (Temporary Activity) visa) Instrument 2019/231 was enacted under the Migration Act 1958 to address the need for specific provisions relating to the Visa Application Charge (VAC) for certain temporary activity visas. This instrument, created by a delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, specifies classes of persons and events that are exempt from the VAC for the Class GG visa and Subclass 408 visa. Specifically, it aims to exempt designated participants of major sporting events such as the ICC Men’s T20 World Cup 2020, ICC Women’s T20 World Cup 2020, and the INAS 2019 Global Games from the VAC. The policy objective is to facilitate the participation of athletes and related personnel in these significant international events, thereby enhancing Australia's ability to host and support major sports activities.

Scope and Application

The Migration (Class of persons and Specified Events for Class GG visa and Subclass 408 (Temporary Activity) visa) Instrument 2019/231 applies to designated participants of specific international sporting events, namely the International Cricket Council Men's Twenty20 World Cup 2020, the International Cricket Council Women's Twenty20 World Cup 2020, and the International Federation for Intellectual Impairment Sports (INAS) 2019 Global Games. These individuals, who are identified by the relevant sports organisations, are eligible to apply for a Class GG visa and a Subclass 408 visa with a nil Visa Application Charge (VAC). The instrument operates within the framework of the Migration Regulations 1994, governing the eligibility of certain participants from these events for temporary entry to Australia. It also specifies these events as Australian Government Endorsed Events (AGEE) for the purpose of the Subclass 408 visa, thereby facilitating their participation in the mentioned sports events held in Australia. The instrument’s scope is confined to the designated participants of the specified events and does not extend to other individuals or events not listed within it.

Key Provisions

The Migration Regulations 1994, as amended by Instrument 2019/231, introduce specific provisions concerning the Visa Application Charge (VAC) for certain temporary visas. Section 1237(2)(a)(i) of Schedule 1 to the Regulations is amended to exempt designated participants of the International Cricket Council Men’s Twenty20 World Cup 2020, the International Cricket Council Women’s Twenty20 World Cup 2020, and the International Federation for Intellectual Impairment Sports (INAS) 2019 Global Games from paying the VAC for a Class GG visa (section 1237(2)(a)(i)). These participants can now apply for a Class GG visa without incurring the usual application fee. Additionally, subregulation 408.229(b) of Schedule 2 is modified to classify the ICC Men’s T20 World Cup 2020, the ICC Women’s T20 World Cup 2020, and the INAS 2019 Global Games as Australian Government Endorsed Events (AGEE) for the purposes of a Subclass 408 visa (subregulation 408.229(b)). This classification facilitates the visa application process for designated participants of these events. Subregulation 408.229(c) is also updated to specify the classes of persons in relation to the events listed in subregulation 408.229(b). The Act imposes specific obligations on the parties involved, primarily focusing on the eligibility criteria for the Class GG and Subclass 408 visas. For the Class GG visa, the designated participants of the specified cricket and INAS events are exempt from the VAC, making it necessary for these participants to meet the criteria set out in the Regulations. For the Subclass 408 visa, the specified events are recognised as AGEE, which necessitates that the participants of these events meet the eligibility criteria outlined in the Regulations. The Act also requires that these participants be clearly identified and designated by the relevant authorities, ensuring that only eligible individuals can benefit from the waived VAC and the streamlined visa application process. In terms of consequences for non-compliance, the Act does not explicitly outline specific offences or penalties for breaching the provisions related to the VAC exemption or the AGEE classification. However, general provisions within the Migration Act 1958 could apply, which may include fines, imprisonment, or other administrative penalties for non-compliance with visa regulations. The exact penalties would depend on the nature and severity of the breach, as well as any additional directions or regulations that may be in place. It is essential for all parties to adhere to the criteria and requirements set out in the Regulations to avoid any potential legal repercussions.