1413600 (Migration)

[2015] AATA 3044

1413600 (Migration) [2015] AATA 3044 (7 July 2015)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Lucie Rebecca Walker

CASE NUMBER:  1413600

DIBP REFERENCE(S):                   CLF2013/232279

MEMBER: Steve Georgiadis

DATE:7 July 2015

PLACE OF DECISION:                  Adelaide

DECISION:The Tribunal affirms the decision not to grant the applicant a Distinguished Talent (Residence) (Class BX) visa.

Statement made on 7 July 2015 at 5:06pm

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Immigration on 18 July 2014 to refuse to grant the visa applicant a Distinguished Talent (Residence) (Class BX) Subclass 858 visa under s.65 of the Migration Act 1958 (the Act).

2. The visa applicant, Ms Lucie Walker applied for the visa on 23 September 2013. She is 24 years of age (DOB 21 June 1991).

3. The delegate refused to grant the visa as she considered the applicant did not satisfy cl.858.212 of Schedule 2 to the Migration Regulations 1994 (the Regulations) on the basis of not being satisfied that the applicant had an internationally recognised record of exceptional and outstanding achievement in her field as a dancer/teacher of ballet and otherwise did not satisfy the requirements of cl.858.212.

4. On 8 August 2014, the applicant applied to the Tribunal for review of the delegate’s decision.

5. The applicant appeared before the Tribunal by videoconference on 18 June 2015 to give evidence and present arguments.  She also made detailed written submissions to the Tribunal as follows:

‘My name is Lucie Waker and I am a Full member and a Registered teacher with the Royal Academy of Dance (RAD).

The Royal Academy of Dance (RAD) is the world’s leading organisation in classical ballet education and dance teacher training. Its aim is to promote knowledge, understanding and practice of dance internationally. The RAD examination syllabi set standards in classical ballet worldwide; it is a global leader in dance education and Continuing Professional Development for dance. The RAD's patron is Her Majesty Queen Elizabeth II.

I graduated from the Royal Academy of Dance’s BA (Hons) Ballet Education programme, validated by the University of Surrey, in July 2012. The BA (Hons) Ballet Education (BABE) is a modular programme providing an opportunity to gain a degree and prepare for a career in dance teaching. It combines the study of ballet and dance with teaching, to provide a unique dance teacher education. Whilst ballet remains a focus, the programme is designed to locate ballet within a broader concept of dance, providing a wider platform for a career in teaching. This degree is the highest qualification you can achieve with the RAD.

The course is offered internationally and only accepts 30 students maximum per year with a lengthy process of auditions, interviews and the requirement of 3 General Certificates of Education at an Advanced level (GCE A-Levels) at Grades BBC (or equivalent) and a vocational standard of dance training (RAD Intermediate and above). This is unlike any other university offering dance degree courses in the UK and as it is offered internationally places are extremely competitive. To be awarded a position on this programme is an achievement in itself.

The course consists of 3 years full-time intensive study focusing on both practical and theoretical ballet related studies and often consisted of studying for 8 hours a day, 5 days a week. Students on the programme form a small but significant group of onsite learners who work closely with the tutors and staff of the Faculty of Education receiving in-depth knowledge of every module. Ms Lynn Wallis, the Artistic Director of the RAD and the creator of the new and updated RAD syllabus often conducted seminars and workshops with my peer group. This gave me first class knowledge and understanding of the RAD syllabus, which I was then able to bring across the world to Australia and deliver it the way it was intended to be delivered. Everything learnt from Ms Wallis has been carried throughout my teaching, maintaining the standards of dance training worldwide.

Teaching skills were developed through Professional placements around London in which we were able to teach dance to a group of students either in the Private or Public sector. This was supported through theoretical study of education policies and practices relevant to the dance teacher. This prepared us for entry in to the world of work and today’s professional dance environment.

Throughout my time at the RAD (2009-2012), I strived to do my best in every module and put 100% in to achieve the best I could. This hard work and motivation allowed me to achieve an upper division 2:1. This qualification can only be gained through full-time study at the RAD headquarters in London, UK. There is no equivalent qualification here in Australia. The likelihood of someone in Australia having exactly the same qualifications as me is very slim.  

As I was enrolled on the BA (Hons) Ballet education degree programme, I was able to study the Licentiate of the Royal Academy of Dance (LRAD) programme alongside it. The LRAD provides students who hold, or are completing, a dance degree the opportunity to specialise in the work of the RAD. The programme is delivered over 3 years in 5-week full-time intensive periods of study and so was completed alongside the degree. The LRAD consists of 3 modules which increase in the level of demand from a basic knowledge and understanding of the RAD syllabi and its use in teaching to a critical appreciation of current issues in ballet education and training. Each module is assessed through practical teaching exams and academic assignments which are designed to test accuracy of demonstration, understanding of teaching and education theory and the ability to debate selected issues. The LRAD programme can only be studied at the RAD Headquarters in London. There is no qualification alike here in Australia.

In order to graduate from this programme students need to have passed the RAD Advanced 2 Classical Ballet examination. This is the final examination within the RAD syllabi and is for those of the highest professional standard. Out of the 30 students enrolled on the LRAD programme from 2009 to 2012 only 7 (myself included) graduated with the LRAD award in July 2012, 3 out of the 7 from the UK. Several of my peers attempted the Advanced 2 exam but were unsuccessful due to its extreme difficulty. This meant that they were unable to graduate from the LRAD and did not achieve the award.

Successful completion of the LRAD programme and the Advanced 2 exam leads to the prestigious award of LRAD and eligibility for registration as a dance teacher with the RAD. Those few people that are successful are unique in being able to use the initial ‘LRAD’ after their names emphasising just how prestigious this award is.
I was also granted the ARAD (Associate of the Royal Academy of Dance) award in recognition of my service to dance as I had passed the Advanced 2 ballet examination syllabus with a high merit. This is a prestigious award that few people can say they have due to the high standard of the exam. This award allows me to write ‘ARAD’ after my name.

In order for teachers to enter students in for RAD examinations they must be a current member of the RAD and have obtained RAD registered teacher status. To gain eligibility for RAD registered teacher status, teachers have to undergo rigorous training and complete one of the few relevant RAD Faculty of Education programmes. I completed two of the programmes (BA Hons in Ballet Education and Licentiate of the Royal Academy of Dance), which entitled me to RAD Registered Teacher Status in 2012. This gives me a thorough knowledge and understanding of the generic work delivered by the RAD.

I am a Full member of the RAD having gone through all of the branches of membership starting out as an ‘Affiliate Member’ when I was training, then becoming a ‘Student Member’ when I was studying as part of the Faculty of Education, and then progressing on to become an ‘RAD Registered Teacher’ and a ‘Full member’ upon completion of my study. This is the highest you can go with RAD membership; it is unusual of someone of my age even in the UK to hold ‘Full’ membership with the RAD. I have been a member with the RAD for almost ten years now and I strive to become a ‘Life Member’ one day. Members with 40 consecutive years of Full membership are entitled to become a ‘Life Member’ with the RAD. I endeavor to devote my working life to the pursuit of dance and classical ballet education, working with Western Australian children and the Royal Academy of Dance is an affiliation I wish to continue for the rest of my life.

At present, there are 5,898 RAD registered teachers across 36 countries. There are approximately 8,000 worldwide.

In Australia there are currently 1,032 RAD registered teachers. In Victoria there are 117 RAD:RTS, in Queensland there are 285 RAD:RTS, in New South Wales there are 491 RAD:RTS.

In Western Australia there are just 67 RAD registered teachers and I am 1 of them. As you can see there is a huge shortage of RAD registered teachers here in Western Australia compared to the rest of the country.

All RAD Registered teachers must adhere to a Code of Conduct and Code of Professional Practice as well as mandatory Continuing professional development schemes. The RAD’s Continuing Professional Development (CPD) activities are designed to support RAD teachers and dance professionals in developing their skills and expand their knowledge of the dance and dance education sector. Participation in the CPD scheme is mandatory for teachers registered with the RAD. RAD registered teachers need to take part in a minimum number of CPD activities each year in order to retain their Registered Teacher status. As there is a small number of RAD registered teachers here in Perth this often requires travelling interstate to complete a CPD activity. Teachers are required to complete 24 hours of CPD activities a year.

Through having this registered teacher status I am able to enter students in for RAD examinations. In 2013 and 2014 I had over 100 students entered in for RAD exams. My students’ 2013 and 2014 exam results were exceptional, several students gaining 90+. In 2013 74% achieved Distinction and in 2014 70% achieved Distinction. This average of 70% is an extremely high average compared to the 32% average of students achieving Distinction worldwide.

The results demonstrate an excellent level of performance in a job, also replicated through feedback from the Principal and parents of the students. For my first group of students entered into an RAD examination these results are excellent and it proves that I have received the best training and have the best knowledge and experience in order to prepare students to do the very best in these examinations. I believe that I am contributing to the betterment of the dance community in Australia by aiding the students with first hand knowledge derived directly from the academy itself. I have the students’ best interest at heart and I put 100% in to ensure that they feel fulfilled and accomplished as well as emphasising discipline and social aspects within dance. As the students are entered under my name these results will be with me for life and as I continually strive for the best I hope to build up a national reputation emphasising how much of an asset I am to Australia or any country I choose to teach in.

Furthermore, with this RAD registered teacher status I am able to enter students into competitions. In May 2014 I entered a 7 year old into ‘Ballet Teacher’s Workshop’, a competition that takes place in Melbourne, Victoria. The competition is offered nationwide however you have to be invited to attend and can only be entered under an RAD registered teacher. I had been taking this student for weekly private lessons and at just the age of 7 I believed she had the ability to succeed in this competition. I feel it is important to provide my students with opportunities that will enhance their experience as a dancer. She did a fantastic job and was awarded 3^rd place!

I am also able to enter students into competitions here in Western Australia such as the RAD Festival of Dance and Mandurah Festival of Dance. Lots of time is spent with the students preparing them with solos, duets and ensembles enabling them to meet the standard to compete at such competitions. Without me (an RAD registered teacher) these opportunities would not be available. Several of my students were awarded places at both competitions in 2014, including runners up to the scholarship sections, which have over 30 competitors. This year at the RAD Festival of Dance I had over 13 soloists compete and 4 ensembles. It was such a fantastic experience for the students and they all did extremely well. Preparations are currently underway for Mandurah Festival of Dance, which is coming up in the July school holidays.

In April 2014, Hayden Idrus one of Academie Etoiles’ full-time students and Western Australia’s only representative was awarded the opportunity to compete in the Youth America Grand Prix International ballet competition, held in New York City. The Youth America Grand Prix is a global dance network connecting classically trained young students, teachers, schools, companies, alumni, sponsors, dancers and choreographers to audiences who share a distinct passion for and love of dance.  Celebrating its 15th year of operation, YAGP annually sponsors the world’s largest student ballet scholarship audition through which over $300,000 in scholarships is awarded from the leading dance schools worldwide. Taylor Venter a student at The Conlan College, NSW at the time was a previous graduate of Academie Etoiles and competed alongside Hayden. As a full-time teacher at Academie Etoiles I was able to work with both students, preparing them for the competition and providing them with my professional expertise helping them to improve their dance training. This is evidence that I have coached at an internationally recognised standard.

The Royal Academy of Dance is a world-renowned dance and teacher training organisation. By studying at the headquarters in London and achieving such qualifications listed above I am at the very top of my field as an RAD Ballet teacher. My qualifications are internationally recognised allowing me to teach in any of the 79 countries the RAD has presence in. Some may say I am more qualified than most others who only attain RAD registered teacher status due to my supporting upper division 2:1 BA (Hons) degree and my LRAD and ARAD awards. These achievements and qualifications will never diminish; they are ongoing and allow me to practice in other countries.

Although I may not have been qualified as an RAD registered teacher over a lengthy period, I have been teaching since I was 16 and my knowledge is the most up to date and intact since my fairly recent graduation. Ever since I was a young child I always knew I wanted to be a teacher and with my love and passion for dance the two fit hand in hand. At the age of 24, which may appear young to some, I have managed to gain experience and knowledge within my field of expertise at the highest level and am enthusiastic to carry that on and reflect that in my teaching experiences.

At the age of 16 I spent all of my time dancing and teaching whether it was helping out with younger classes or passing dances down. At such a young age the principal of the dance school trusted me to teach classes on my own in her absence giving me the experience and confidence that I needed as a young teacher. Up until the age of 18 I taught at 3 different dance schools around Leicestershire, UK. Then I moved to London to start my degree at the RAD. As discussed earlier, throughout the three year degree there were several placements for us to participate on enabling us to put our teaching skills learnt into practice. My individual placements took place at Heidi Rhodes School of dancing, Penny Parks School of dancing, Croydon Community centre and The Roche junior private School all in London, UK. We also participated on group placements and observations to further our education.

Two of my placements were at established private Ballet schools of a high standard based in London. For further experience with children I also had a placement at an under-privileged community centre for teenagers and a private independent fee paying primary school. This provided me with experience with working with all ages and enabled me to put my skills learnt in to practise in different situations.
Alongside this work which was completed during term time I was employed by the RAD Dance School – dance classes held at the RAD headquarters for the public. As both an Information and Classroom assistant I was able to gain experience in teaching, running the business side of a school, dealing with parents and many other obstacles. Again the Principal and fellow teachers encouraged me to put my skills into practise and allowed me to take classes and cover classes in their absence even though I was not yet qualified. This provided me with the experience and confidence required so that when I had graduated I was 100% ready to step into the big wide world and start a career for myself.

As I was an employee of the Training department and a student at the RAD I was able to get my face known throughout the organisation. I was often asked for by other departments to assist them if they needed an extra pair of hands. For example I was approached by the Head of the Examinations department wanting me to be an examinations assistant for the day. Meaning I had the responsibility of attending the examiners every need and preparing the students for entrances and exits and ensuring they were ready upon entry. I also helped with Dance school exams and shows (hair, music, assisting) on a voluntary basis for extra experience within the field. I was also approached by the Marketing department to volunteer at the Grades 1-3 Launch of the new syllabus, an event that was attended by several members and teachers of the RAD. Again it was my role to attend to the students and prepare them for the launch.

Through word of mouth several other dance schools around London also approached me and offered me work. As I was studying full-time and also working at the RAD dance school part-time I was unable to commit to any of the positions offered however I did volunteer and helped out at dance shows and always did cover/relief work when required. Two highly regarded ballet schools being ‘Dance Academy Sevenoaks’ and ‘The Ballet School - Notting Hill’.

Before moving to Australia in November 2012 I emailed several dance schools over here with my CV and had interviews arranged upon arrival. Since residing here in Perth I have had the pleasure of working at 4 different dance schools (All that Jazz, WA Performance school, Green Room entertainment and Academie Etoiles) on a permanent basis and a few others as a relief teacher (Dynamic performing arts, Silhouette Dance studio). By freelancing at several different schools it enabled me to put my experience into practise and form relationships with students, parents and co-workers around Perth. One of the dance schools (Green Room entertainment) had never been able to offer RAD Ballet before so it was a great opportunity for their students to further their dance education. I was able to set up RAD Ballet classes available to all ages on a weekly basis. Unfortunately due to my visa restrictions after 6 months I had to leave. This then left them with no RAD registered teacher and meant that they were no longer able to offer RAD Ballet classes leaving students feeling disappointed and neglected. Another school I taught at (WA Performance School) offered Ballet however it was not delivered by an RAD registered teacher. This caused concerns with the principal and parents for that matter who wanted their children to receive first hand knowledge of the RAD syllabus. When I joined the school in May 2013 numbers increased and students were receiving the education they needed, taught in the correct way, leaving parents, students and the principal much happier!

Since working at a number of different dance schools around Perth, it is evident that there isn’t enough RAD registered teachers to cater for all dance schools and provide students with the dance education they need. I believe that with my expertise I have been able to make a difference to the dance education being delivered around WA and hope to keep making a difference in the foreseeable future.

In April 2013 I was approached by the West Australian Regional Advisory panel and was invited to attend there (sic) monthly meeting. This was a great way to meet fellow RAD registered teachers in Perth and enabled me to meet my current employer Samantha Leeman, Principal at Academie Etoiles. She offered me a teaching position straight away with full-time hours as she wanted to take a step back and was desperate for an RAD registered teacher to take over her role as the schools RAD ballet teacher. She emphasised that there was a huge shortage of RAD registered teachers in WA and that they were lucky to have me join the school with my knowledge and experience of the RAD syllabi.

For the last three years in June I have done some voluntary work for the panel and assisted them with the running of the RAD Festival of Dance. This 4 day event consists of long days and lots of hard work to ensure it all runs smoothly. A few of my roles included head of ticket sales, backstage helper, announcer and scribe for the adjudicator. Without the help of RAD registered teachers and volunteers like myself this event would not be possible.

In November 2013 I was again approached by the West Australian Regional Advisory panel, through recommendation of another teacher, and was invited to teach at the RAD Graded Awards Day – an event hosted by the panel to bring all RAD ballet schools in Perth together to compete for the Graded Award. This was a great honour and privilege to be appreciated for my talent and expertise. Within less than a year I was known by name by the WA dance community and am still approached by other schools offering me teaching positions to this day. After receiving such good feedback from the previous year I was invited to teach again at the RAD Graded Awards Day in November 2014. I spent most of the day there and taught three of the six grades. After all of the awards had been given the adjudicator, Jacinta Ross-Elhers asked to speak to me personally to congratulate me on my excellent teaching skills (see reference). She made it very clear she was very impressed with the way I taught the classes throughout the event. This was a lovely compliment to receive.

In July 2014 I was invited to teach at ‘Terre Rouge Ballet’ in Karratha, WA. Through word of mouth the Principal had heard of my excellent reputation as an RAD registered teacher in Perth and invited me as a specialist teacher to conduct several workshops for the students over a long weekend. As the school is based in Karratha the students are not getting the dance education they need due to the shortage of RAD registered teachers in WA. I was able to provide them with my first hand knowledge of the RAD syllabus and ballet technique and I could already see improvement in their dance technique from just spending a few hours with them! By establishing this relationship, it has opened a gateway between the Pilbara and Perth which will help to provide more opportunities for the students. I have arranged with the Principal to visit Karratha on a regular basis to ensure they receive the best dance education possible.

During my time as a teacher at Academie Etoiles I have formed great relationships with my students, co-workers and parents. I have put a lot of my own time and effort in to ensure the school maintains its reputation and high standards. Each year during the RAD exam sessions I have over 100 students participating in either exams or presentation classes. It is my role as a teacher to ensure they are 100% prepared i.e. neat hair and uniform and fully warmed up. I feel that as a teacher this is an obligation and I did not invoice for the many hours extra put in showing my true dedication and passion for my job. I also provided extra tuition to some of my students who were a little bit worried about the exam. I wanted them to feel fully prepared and confident with both knowledge of the syllabus and correct technique. Again I did this on a voluntary basis as I felt it was my role as the teacher to ensure my students felt comfortable and confident in what they were doing. I believe this was evident in our outstanding results discussed earlier.

In September 2014 a handful of my students graduated from Academie Etoiles and moved on to further their dance education. All of them had gone through the audition process and had been accepted into some of the top schools around the world. It was a privilege to be a part of their dance training and to share the joy of their success and exceptional achievements. Below is a list of the students and where they are now studying.

·Hayden Idrus – studying at the Dutch National Ballet Academy, Amsterdam

·Holly Pooley – studying at Northern School of Contemporary Dance, UK

·Isabel Williams – studying at Rambert School of Ballet and Contemporary Dance, UK

·Chelsea Van den Berg – studying at Palucca Hochschule für Tanz Dresden, Germany

·Aimee Sadler – dancing professionally in Israel

·Amy Basley – studying at the New Zealand school of Dance

This was a proud moment in my career knowing that I had assisted in their dance training and that they now have the opportunity to fulfill a professional career in dance.

In November 2014 I was promoted to Junior School principal at Academie Etoiles entitling me to much more responsibility. I am now in charge of running the Junior School from the ‘Little Stars’ up until Grade 5 Ballet. I am also in charge of the Junior and Intermediate extension programmes which are designed to complement the students’ RAD ballet studies whilst challenging their capabilities and providing experience beyond the framework of regular RAD-based syllabus classes. Students that are accepted into the extension programme are called forward to represent our school in solos, duets and group dances that are then performed at the RAD Festival of Dance and the Mandurah Festival of Dance.

In December 2014 Academie Etoiles’ new website was launched. As Junior School principal my biography is listed under ‘leading faculty’. Through the website we are now able to share our students progress and achievements with the dance community. We also had adverts for the classes held at Academie Etoiles put in 4 leading newspapers around Perth (the Melville times, the Canning Times community paper, the Fremantle gazette and the Southern gazette) prior to the start of the new academic year. This not only advertised the school and the classes it has to offer it also advertised the “highly experienced and qualified teachers.” I felt very proud to know that I was thought of so highly and that new students have joined the school this year based on that advertisement and the promoting of having qualified RAD registered teachers.

I currently have several students who have achieved outstanding accomplishments this year. Earlier this year two of my students, Antonia and Catherine Neilson were accepted onto The Australian Ballet School Interstate/International Training Programme (ITP). The Interstate/International Training Programme is a sector of The Australian Ballet School in Melbourne providing training opportunities at Levels 1-3 (approximately 9-12yrs) for gifted interstate and international students. The ITP serves as the most advantageous preparation for possible study in The Australian Ballet School’s Full-Time Programme commencing at the age of approximately 13/14yrs (Level 4). Students are selected via audition only. In addition to attending regular ballet classes with us at Academie Etoiles, Antonia and Catherine are encouraged to attend regular intensive training sessions held at the Australian Ballet School during the Victorian school holiday breaks. These sessions run for four days, approximately six hours each day, on an annual basis. This is a wonderful experience for Antonia and Catherine that will further their dance training and open up doors for their future dance education.

Furthermore, I have another two students Madeline Gill and Danke Pekic who were accepted onto the West Australian Ballet Master class programme. This programme gives talented students (aged 13-17) eight master classes throughout the year with ongoing tutoring from the WA Ballet’s artistic team as well as a behind-the-scenes look at their rehearsal process. Entry to this programme is by audition only and it was very popular with several schools around Western Australia. My two girls did extremely well to get in and they are thoroughly enjoying the opportunity!

The RAD West Australian regional advisory panel hosted the Royal Academy of Dance’s 80^th Gala celebrations earlier this month. Two of my students Antonia Neilson and Hana Kato were invited to perform at the Gala as they were prizewinners at the RAD Graded Awards Day in November 2014. This was an incredible experience for Antonia and Hana as not only were they representing Academie Etoiles; they were representing the RAD Australia. They did a really beautiful job and I felt very proud watching them.

This year, I had 10 of my students audition for the gifted and talented arts program at John Curtin College of the Arts, Fremantle. All of my students were successful and are now studying ballet/contemporary at high school during the day as well as in the evening at Academie Etoiles (private ballet school) with me. As Western Australia’s only Selective Arts College, John Curtin College of the Arts caters for students from across the State offering gifted and talented courses in arts media, dance (ballet and contemporary), drama, music, music theatre and visual arts. Through having these specialist programs alongside their after-school ballet training it provides students with a firm foundation for pursuing a career in ballet and/or dance.

As the principal Ms Samantha Leeman is often away examining overseas for several weeks at a time I am in charge of the running of the school and it is my job to ensure appropriate relief is found. This is often a very hard task as there are few teachers in WA that know and are trained in the RAD syllabus. In March 2015 I went back to the UK to visit family and I had to take 7 days leave from work. I had great difficulty in trying to find relief staff especially an RAD registered teacher. There are very few freelance RAD registered teachers here in Perth, most registered teachers already work at a school or own a school. In the end I had to get an ex student to cover my classes as it was impossible to find a qualified teacher. This was not ideal but there was nothing more I could do, parents had paid for these classes and it was not fair to cancel them due to staff unavailability.

Academie Etoiles currently has 207 students, 132 of which I teach. I teach a range of classes from Pre-Primary in Dance up to Advanced Foundation and I am often at the studio 7 days a week. Students are encouraged to attend two or more classes a week if they wish to do an RAD examination or participate in the Etoiles Extension program. A lot of my students aspire to dance professionally in the future and take their training very seriously, some even dancing 6 days a week. It is not a hobby for them it is a huge part of their life and their career aspirations.
I currently take 12 students for private lessons alongside my group classes. This enables me to work with students one on one to help improve their technique and achieve their goals. It also gives students the opportunity to work on solos which they then go on to perform at dance festivals around WA.

If I have to leave Australia it will leave Academie Etoiles without a teacher of my caliber (sic). There are no teachers in WA with equivalent qualifications as me and therefore students would not receive the education and training they need to uphold a professional career in dance. Without an RAD registered teacher students cannot be entered for examinations. In order to submit an application for entry in examinations you must obtain RAD registered teacher status. If I were to leave, over 200 students would be unable to participate in exams meaning that all their hard work and training over the past year would receive no recognition or accreditation.

The RAD examinations allow the students to progress through a graded and vocational system. This progression provides the students with a strong foundation in Classical ballet and it builds them up to become artists of the future. If the students do not receive the right education and training it could leave the state devoid of a strong and solid base of professional dancers in the future.

If I leave my classes would have no teacher. My qualifications are far in excess of the minimum standard teaching qualification here in Australia and the parents of the students are aware of that. They send their students to me to receive the best education and training possible. If I have to leave there is a good chance a budding WA business would lose its customers.

I strongly believe that I have provided tuition at ballet schools of a high standard around the UK and Australia. I have been able to bring first class knowledge and understanding of the RAD syllabus across the world and deliver it the way it was intended to be delivered. By having the RAD training and qualifications I have, it will be of additional benefit to the Ballet school, students and community as a whole over here. I am an asset to this country and I believe it would be difficult to find someone else with the equivalent qualifications and experience. My passion and love for teaching ballet has been reflected in the achievements of my students. I not only want to be the best at what I do, I want my students to be the best at what they do.

I am an enthusiastic, friendly, hard-working and loyal person which has enabled me to form wonderful relationships with my co-workers, students and parents! If I have to move back to the UK because I am not recognised for my talent then I will be letting my students down, as I cannot guarantee they will receive the quality education and training in my absence.’

1. For the following reasons the Tribunal has concluded that the matter under review should be affirmed.

CONSIDERATION OF CLAIMS AND EVIDENCE

1. The application was made on the basis of the applicant’s skills and achievements in her field as a dancer/teacher of ballet. She was sponsored by her employer, Ms Samantha Leeman, an Australian citizen and the requisite Form 1000 was provided with the application (cl.858.212(2)(e)).

2. The Distinguished Talent Class BX visa is a permanent visa for persons who have an internationally recognised record of exceptional and outstanding achievement in a profession, a sport, the arts or academia and research, or have provided specialised assistance to the Australian Government in matters of security.  There is no suggestion in this case that the applicant’s claim falls in this latter category of security assistance.

3. According to the Department’s Procedures Advice Manual 3 (PAM3), the policy intention “is to provide permanent residence to outstanding individuals, who would not qualify under the other visa categories but who will make substantial contributions to the Australian community because of their international achievements.”

4. The Tribunal finds that the delegate’s decision is an MRT-reviewable decision under s.338(2) of the Act. The Tribunal finds that the applicant has made a valid application for review under s.347 of the Act.

5. The issue in this review is whether the visa applicant meets the requirements of cl.858.212 of the Regulations. The Regulations relevantly require that the applicant:

   ·has an internationally recognised record of exceptional and outstanding achievement in an area relating to a profession, a sport, the arts, academia and research; and

   ·is still prominent in the area; and

   ·would be an asset to the Australian community; and

   ·would have no difficulty in obtaining employment, or in becoming established independently, in Australia in the area.

6. In order to be granted a Distinguished Talent visa, the applicant must meet all the criteria set out above. The applicant provided a considerable number of documents, letters of recommendation, qualifications, articles and other written material in support of her application to the Department and to the Tribunal, including (inter alia) references from academic / training academies and institutions, references from previous and current employers, awards attained, certificates of registration, letters of support from parents of students, and other publications and downloaded material from the Internet.

7. As aforementioned, in order to be granted the visa the applicant must under cl. 858.212(2)(a) have had an internationally recognised record of exceptional and outstanding achievement in her field at the time of application.

8. The ordinary meaning of “record” does not require that the record be quantifiable as large or lengthy or as having been sustained over a period of time. A record is an aggregation or a list, not necessarily a large aggregation or a long list: see Zhang v MIMA & Anor [2007] FMCA 664. The Tribunal is mindful of the reasoning in Gaffar v MIMIA [2000] FCA 293 that the legislative requirement does not require something that makes the visa applicant’s record unusual or special or out of the ordinary.

9. Ms Walker provided detailed written submissions setting out her claims under cover e-mail of 10 June 2015 and also further written submissions following the hearing. She told the Tribunal at the hearing that her written submissions contained all the material she wished to rely on in respect of her claims for the Distinguished Talent 858 visa. She said she considered the delegate had incorrectly focussed on her attainment as a ballet dancer (the arts) noting that the delegate referred to the absence of any principal dancing roles undertaken, which Ms Walker confirmed at the hearing was the case.  Instead, Ms Walker regards her claims are more properly to be considered in her area as a ballet teacher, not a dancer.  The Tribunal considers this may be viewed as a claim in the area of a profession.

10. Ms Walker’s made submissions and provided a statement of 19 May 2014 and the written submissions under cover letter of 10 June 2015.  Her written submissions and a statutory declaration of 10 June 2015 and her further written submissions of 26 June 2015 following the hearing have all been taken into consideration and where relevant, discussed below. 

11. At page 6 of her statement of 19 May 2014 Ms Walker states “For my age I and others believe I have had enough experience working in my field.  I cannot get any [more] superior within my field as a freelance ballet teacher.”At the hearing, Ms Walker said she is an Associate member of the London based Royal Academy of Dance (RAD) which according to her employer’s statement of 28 April 2014 is an ‘internationally renowned and influential dance organisation, which specialises in ballet and dance education.’ Having regard to the letter from Michelle Groves, Dean of the RAD Faculty of Education, dated April 2014 and the academic records provided, the Tribunal accepts that Ms Walker graduated from the RAD after three years of undergraduate study with the award of BA (Hons) Ballet Education, having studied with ‘highly qualified and experienced tutors, many with an international profile.’  The Tribunal also accepts from this evidence that Ms Walker was awarded the Licentiate of the Royal Academy of Dance, ‘the highest professional teaching qualification of the Academy’ covering examination syllabi which are ‘undertaken in over 79 countries throughout the world.’

1. The Tribunal has had regard to the considerable documentary material before it regarding the RAD and accepts the aforementioned Dean’s comments that the RAD is ‘one of the world’s most influential dance education organisations, setting standards in ballet world- wide.’ The Tribunal places weight on the fact that Ms Walker has attained membership of the RAD at ‘Associate’ level but not higher. At the hearing Ms Walker responded, when asked, that there is one higher level of professional membership available in the RAD, that of ‘Fellow’ of the Academy. She said that she did not know specifically what the criteria are for membership as a Fellow of RAD, but confirmed that she had not yet attained that level of professional membership. The Tribunal raised the issue with Ms Walker at the hearing that given her oral evidence that she had not yet attained the highest level of professional membership recognised by an international ballet teaching organisation such as the RAD, whether she would be able to demonstrate that she meets the requirement under cl.858.212(2)(a) of an internationally recognised record of exceptional and outstanding achievement in her area. Ms Walker was provided with additional time to respond to this issue.

2. Following the hearing, Ms Walker provided to the Tribunal (within the additional time allowed) the further written material under cover e-mail of 26 June 2015 setting out and responding to the matter of her level of professional membership of the RAD and generally with regard to an internationally recognised record of exceptional and outstanding achievement in her area.  In her response, she states as follows:

   ‘I am a Full member of the RAD having gone through all of the branches of membership starting out as an ‘Affiliate Member’ when I was training, then becoming a ‘Student Member’ when I was studying as part of the Faculty of Education, and then progressing on to become an ‘RAD Registered Teacher’ and a ‘Full member’ upon completion of my study. This is the highest you can go with RAD membership; it is unusual of someone of my age even in the UK to hold ‘Full’ membership with the RAD. I have been a member with the RAD for almost ten years now and I strive to become a ‘Life Member’ one day. Members with 40 consecutive years of Full membership are entitled to become a ‘Life Member’ with the RAD. I endeavour to devote my working life to the pursuit of dance and classical ballet education, working with Western Australian children and the Royal Academy of Dance is an affiliation I wish to continue for the rest of my life.’

3. The Tribunal accepts that Ms Walker has attained considerable prominence in her field as a ballet teacher particularly in Perth, WA where she is currently employed as a Deputy Principal at the Academie Etoiles Ballet School with Ms Leeman, Principal of the school as named in the Form 1000 provided with the application (cl.858.212(2)(b)). It is evident that Ms Walker has had no difficulty in obtaining employment, or in becoming established independently in Australia in her profession as a ballet teacher, as her evidence, which the Tribunal accepts, is that she had also previously undertaken freelance ballet teaching work in Australia which she said she readily obtained before becoming engaged full-time with her current employer (cl.858.212(2)(d)).

4. The Tribunal further accepts that Ms Walker would be an asset to the Australian community, noting particularly her preparedness to run master-classes and workshops in regional areas such as Karratha (Pilbara) WA and also having been invited to competitive events such as the RAD Graded Awards held in November 2013 and again in November 2014 (cl.858.212(2)(c)).

5. The Tribunal places some weight on the fact that Ms Walker has taught a number of high achieving students at the Academie Etoiles Ballet School in Perth and that, of six such students who graduated after up to two years tuition with Ms Walker, four went on to be accepted into internationally renowned ballet schools, including in Germany, the Netherlands and two in the United Kingdom.  Ms Walker said, and the Tribunal accepts, that of these students, her highest achieving student Hayden Idrus was successful as a finalist in the Youth American Grand Prix International Ballet Competition held in New York in 2014.  The Tribunal accepts Ms Walker’s evidence that Hayden is now placed at the prestigious Dutch National Ballet Academy in Amsterdam and that she expects he will be very successful in the world of ballet.

6. When questioned further at the hearing about her specific involvement in teaching ballet to Hayden, Ms Walker explained that she had taught Hayden for approximately one year in 2013/14 but was otherwise not further involved in his ballet dancing development as a teacher. The Tribunal considers that while the achievements of this student are significant in the context of international standing, the Tribunal finds Ms Walker’s involvement as a ballet teacher was only of a limited nature with this student of up to one year’s duration.  The Tribunal notes that in the 2013 and 2014 RAD examinations, Ms Walker’s students’ attained an average of 70% (Distinction) which she states is “an extremely high average compared to the 32% average of students achieving Distinction worldwide.” Ms Walker also responded, when questioned about her ballet teaching profession, that she had not produced any teaching materials such as training media / videos, or otherwise published any academic / teaching material or academic articles in this area. She emphasised to the Tribunal in response, that the RAD is the international institution with the foremost recognition of ballet teaching and that she had attained the highest available qualification of that institution, the Licentiate of the Royal Academy of Dance following the awarding of her BA (Hons) Ballet Education.  The Tribunal accepts this evidence and that she had also, in July 2012, successfully completed the RAD Advanced 2 Classical Ballet examination, being “the final examination with the RAD syllabi and is for those of the highest professional standard.”

7. In accordance with Ministerial Direction No.56, made under s.499 of the Act, the Tribunal is required to take account of the PAM3 policy guidelines prepared by the Department - to the extent that they are relevant to the decision under consideration. In considering whether an applicant has an internationally recognised record of exceptional and outstanding achievement, PAM3 notes that applicants should be very eminent in the top echelons of their field. Further, they should demonstrate extraordinary and remarkable abilities and be superior to others in their field. The PAM3 Manual states that “internationally recognised” in this context means that a person’s achievements have or would be acclaimed as exceptional and outstanding in any country where the relevant field is practiced. The Tribunal considers there is no reason that it should depart from application of the policy set out in PAM3 in this case.  However, the Tribunal has exercised care in applying PAM3 such that it is not raised to the level of a legislative requirement. 

8. It is apparent from the material provided to the Tribunal that Ms Walker has attained very high level qualifications, knowledge, skill and experience as a ballet teacher and dancer and is held in high regard by her employer and others. However, the Tribunal places substantial weight on Ms Walker’s level of attained professional membership as ‘Full member’ with the RAD noting that she has been ‘a member with the RAD for almost ten years now and will strive to become a ‘Life Member’ one day.’ The Tribunal accepts and acknowledges that those with 40 consecutive years of ‘Full’ membership are entitled to become a ‘Life Member’ with the RAD.

9. Accepting the evidence that the RAD is an internationally renowned and influential dance organisation which specialises in ballet and dance education / teaching, it is evident on Ms Walker’s own evidence that she has not yet attained the highest level of professional membership of ‘Life Member’ recognised by the RAD which would otherwise attach considerable weight towards meeting the requirement under cl.858.212(2)(a) of an internationally recognised record of exceptional and outstanding achievement in her area. The Tribunal places weight on her evidence that in Western Australia there are ‘just 67 RAD registered teachers’ of whom Ms Walker is one of this group. The Tribunal places some weight on Ms Walker’s evidence that “it is unusual of someone of my age even in the UK to hold ‘Full’ membership with the RAD” but nevertheless, considered in the context of the aforementioned limited involvement with students of international acclaim to date, believes this does not establish that she is very eminent in the top echelons of the field of the ballet teaching profession or that she has ‘demonstrated extraordinary and remarkable abilities ... superior to others in their field.”

10. In summary, on the available information and weighing up the evidence before it, including those accepted factors of current prominence, asset to the Australian community and employment prospects discussed, the Tribunal is not satisfied that the applicant has yet attained an internationally recognised record of exceptional and outstanding achievement in the field of a profession, a sport, the arts, or academia and research, sufficient to satisfy cl.858.212(2).

11. No claims have been made or any evidence provided in regard to cl.858.212(4) concerning matters of security. Further, no advice has been received from the Minister that the applicant has provided specialised assistance to the Australian Government in regard to such matters. The Tribunal has therefore determined that the applicant does not satisfy cl.858.212(4).

12. As subclauses 858.212(2) or 858.212(4) have not been met, cl.858.212 is therefore, not met for the grant of the visa (cl.858.212(1)).

13. The Tribunal acknowledges that Ms Walker is held in high regard by many who have supported her application, but is unable to find on the information before it that she presently satisfies the requirements for a Distinguished Talent, Subclass 858 visa.

DECISION

1. The Tribunal affirms the decision not to grant the applicant a Distinguished Talent (Residence) (Class BX) visa.

Steve Georgiadis
Member