Cecilio Silva (Migration)

The Administrative Appeals Tribunal considered the case of Cecilio Silva, who sought review of a decision to refuse him a Distinguished Talent (Residence) (Class BX) visa, Subclass 858. The applicant's claim for the visa was based on his achievements as a competitor and coach in Brazilian Jiu-Jitsu.

The primary legal issue before the Tribunal was whether the applicant possessed an "internationally recognised record of exceptional and outstanding achievement" in the sport of Brazilian Jiu-Jitsu at the time of his visa application, as required by sub-clause 858.212(2)(a) of the Migration Regulations. This required the Tribunal to assess if his achievements were demonstrably excellent and "out of the ordinary."

The Tribunal reasoned that while the applicant had submitted a significant body of evidence, including his black belt status obtained seven months prior to the application and his relatively low ranking with the International Brazilian Jiu-Jitsu Federation (IBJJF), this did not establish an internationally recognised record of exceptional and outstanding achievement. The Tribunal applied the principles from *Gaffar v MIMIA* [2000] FCA 293, which defines "exceptional record of achievement" as being out of the ordinary, and considered the ordinary meaning of "record" as an aggregation or list, not necessarily a large or lengthy one, as per *Zhang v MIMA and Anor* [2007] FMCA 664. Ultimately, the Tribunal concluded that the applicant's record did not meet the threshold of exceptional and outstanding achievement.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Subclass 858 visa.