Overview

The Migration Regulations 1994 were enacted to provide a legal framework for the regulation of migration and visa matters in Australia. The objective of the Migration (IMMI 17/007: Class of Persons and Specified Events for Class GG Visa and Subclass 408 (Temporary Activity) Visa) Instrument 2017 is to specify certain matters for the application and criteria relevant to the grant of a Temporary Activity (Class GG) visa and a Subclass 408 (Temporary Activity) visa. This Instrument was made under the authority of the Migration Act 1958 and the Migration Regulations 1994 by the Minister for Immigration and Border Protection. The policy objective of this Instrument is to streamline the process for temporary activity visas by specifying the visa application charge for particular classes of persons and Australian Government endorsed events, such as the Rugby League World Cup 2017. The Instrument also specifies new classes of persons for the purposes of applying for a Subclass 408 (Temporary Activity) visa, such as participants in the Rugby League World Cup Festival of World Cups and those sponsored or supported by certain organisations.

Scope and Application

The Migration (Immi 17/007: Class of Persons and Specified Events for Class GG Visa and Subclass 408 (Temporary Activity) Visa) Instrument 2017 applies to individuals and entities involved in specific temporary activity events in Australia, including participants in the Rugby League World Cup 2017, the Rugby League World Cup Festival of World Cups, the Australian Romantic and Classical Orchestra, the Queensland Art Gallery and Gallery of Modern Art, the Australian Grand Prix (specifically Formula One and Australian Motorcycle events), PI SBK Pty Ltd (for Superbike events), and Major Brisbane Festivals Pty Ltd. This regulation is a legislative instrument under the Migration Regulations 1994 and specifies criteria for the application and grant of a Temporary Activity (Class GG) visa and the corresponding Subclass 408 visa. The Instrument revokes previous regulations to streamline the visa application process for these particular events and classes of persons, and it sets out the visa application charges and the specific endorsed events. The scope of the Instrument is national, operating under the Commonwealth jurisdiction. The Instrument is exempt from disallowance, and no Statement of Compatibility with Human Rights is required.

Key Provisions

The Migration (Instrument IMMI 17/007: Class of Persons and Specified Events for Class GG Visa and Subclass 408 (Temporary Activity) Visa) Instrument 2017 (the Instrument) specifies matters for the making of an application for a Temporary Activity (Class GG) visa and particular criteria relevant to the grant of the corresponding Subclass 408 (Temporary Activity) visa (subitem 1237(2) and paragraphs 408.229(b) and 408.229(c)). This new visa class and subclass of visa were introduced to streamline temporary activity visas, as mandated by the Migration Amendment (Temporary Activity Visas) Regulation 2016. The Instrument revokes the previous instrument IMMI 16/105, made under subitem 1237(2) and paragraphs 408.229(b) and 408.229(c), in line with the legislative power to repeal, rescind, revoke, amend, or vary any instrument as per subsection 33(3) of the Acts Interpretation Act 1901. The Minister is tasked with specifying the first instalment of the visa application charge for the new class of persons under subitem 1237(2), which includes accredited participants in the Rugby League World Cup 2017, participants in the Rugby League World Cup Festival of World Cups, and applicants of a Subclass 408 visa whose eligible sponsor or supporter is one of the specified entities such as the Australian Romantic and Classical Orchestra or the Queensland Art Gallery and Gallery of Modern Art. Additionally, the Instrument identifies the Rugby League World Cup 2017 as an Australian Government endorsed event and specifies accredited participants in the World Cup as a class of persons for the purposes of paragraphs 408.229(b) and 408.229(c) of Schedule 2 to the Regulations. The Instrument imposes specific obligations on applicants for a Temporary Activity (Class GG) visa and Subclass 408 (Temporary Activity) visa. For instance, applicants must provide evidence of their eligibility as one of the specified classes of persons, such as being an accredited participant in the Rugby League World Cup 2017 or being sponsored by an eligible entity. They must also meet the general eligibility criteria for a temporary activity visa, including having sufficient health insurance and meeting character requirements. For Subclass 408 visa applicants, this involves proving the event they are participating in is endorsed by the Australian Government and that they are part of the specified class of persons for that event. These obligations are designed to ensure that only those who meet the criteria are granted the visa, thereby maintaining the integrity of the temporary activity visa scheme. There are no specific offences, penalties, or civil/criminal consequences outlined in the Instrument itself. However, breaches of the requirements for visa eligibility or failure to comply with the specified conditions could lead to visa cancellation or refusal under the Migration Act 1958, as well as potential criminal charges under other legislation. The penalties for visa fraud or misrepresentation can include fines and imprisonment, as stipulated in the Migration Act. For example, providing false or misleading information in a visa application can result in a fine of up to 200 penalty units ($33,600 as of 2023) or imprisonment for up to two years, or both. Additionally, failure to comply with visa conditions can result in the visa being cancelled and the person being subject to removal from Australia.