BOBADILLA ALARCON (Migration)

This matter concerned an application for a Distinguished Talent (Residence) (Class BX) visa, subclass 858, made by Mr. Bobadilla Alarcon. The delegate of the Department of Immigration had refused the visa application, finding that the applicant had not demonstrated an internationally recognised record of exceptional and outstanding achievement in his sport of Brazilian jiu-jitsu. The decision under review was made by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant possessed an internationally recognised record of exceptional and outstanding achievement in Brazilian jiu-jitsu, as required for the subclass 858 visa. This involved assessing the significance of his belt grading, his competitive record at national and international levels, and his achievements as a coach and referee, in light of the delegate's assessment that these were not necessarily reflective of an athlete or instructor in the top echelons of the field.

The Tribunal considered the applicant's career, which began in 1994, including his national championships in Brazil, international competitions such as the World Championships and Pan American championships, and his promotion to black belt in 2008. The Tribunal also had regard to the applicant's success as a coach, evidenced by statements from highly accomplished athletes he had trained, and the argument that competition in Brazil, the sport's origin, represents a particularly high standard. The Tribunal found that the applicant met certain criteria for the visa, specifically cl.858.212 of Schedule 2 to the Regulations, and that his family members met cl.858.311. Consequently, the Tribunal remitted the application to the Department for reconsideration of the remaining criteria for the subclass 858 visa.