Cha (Migration)

The Administrative Appeals Tribunal considered an application for a Distinguished Talent (Residence) (Class BX) visa, Subclass 858, made by an applicant whose achievements were in the field of latte art. The primary issue before the Tribunal was whether the applicant met the criteria for this visa, specifically concerning an internationally recognised record of exceptional and outstanding achievement.

The Tribunal was required to determine if the applicant's achievements as a latte artist qualified as being in a "profession," "sport," "the arts," or "academia and research" as stipulated by clause 858.212(2)(a) of Schedule 2 to the Regulations. Furthermore, the Tribunal had to assess whether the applicant was still prominent in their field, would be an asset to the Australian community, and would have no difficulty obtaining employment or establishing themselves independently in Australia.

The Tribunal reasoned that the definition of "profession" in this context is broad, encompassing any vocation or occupation and one's habitual employment. It noted that the applicant had won the World Barista Championship in Latte Art in 2015 and continued to be prominent in the field through judging competitions and conducting workshops internationally. The Tribunal concluded that the applicant's achievements met the requirements of clause 858.212(2) of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria under clause 858.212 of Schedule 2 to the Regulations.