CHIUNDIZA (Migration)

This matter concerned an application for a Distinguished Talent (Residence) (class BX) visa, Subclass 858, before the Tribunal. The applicant was over 55 years of age and sought to demonstrate an internationally recognised record of exceptional and outstanding achievement in the field of music therapy, asserting current prominence and the potential for exceptional benefit to the Australian community.

The Tribunal was required to determine whether the applicant met the criteria for a Subclass 858 visa, specifically cl.858.212(2) of the Migration Regulations 1994. This involved assessing whether the applicant possessed an internationally recognised record of exceptional and outstanding achievement in her profession, was still prominent in that field, would be an asset to the Australian community, and would have no difficulty establishing herself in Australia. Crucially, given the applicant's age, the Tribunal also had to consider whether she would be of exceptional benefit to the Australian community.

The Tribunal considered the applicant's qualifications, achievements, and positions held, both in Australia and internationally, in light of Departmental policy which indicated a high acceptance threshold for this visa. The policy emphasised that achievements must be remarkable in relation to peers and that an applicant should be at the very top of their field, with local achievements alone not being considered exceptional or outstanding. While the Tribunal found that the applicant met certain criteria, it concluded that the matter should be remitted for reconsideration against the remaining criteria.

Consequently, the Tribunal remitted the application for a Distinguished Talent (Residence) (class BX) visa for reconsideration, with a direction that the applicant meets the criteria under cl.858.212 of Schedule 2 to the Regulations.