Choi (Migration)

The Administrative Appeals Tribunal considered an application for a Distinguished Talent (Residence) (Class BX) visa, Subclass 858, made by the first named applicant, a smallgoods maker, and his family members. The primary applicant sought to demonstrate his exceptional and outstanding achievement in his profession.

The central legal issue before the Tribunal was whether the primary applicant possessed an internationally recognised record of exceptional and outstanding achievement in his profession as a smallgoods maker, as required by clause 858.212(2)(a) of the Migration Regulations 1994. The Tribunal also considered whether the applicant was still prominent in his field, would be an asset to the Australian community, and would have no difficulty establishing himself in Australia. As the applicant was over 55 years of age at the time of application, he also needed to demonstrate exceptional benefit to the Australian community.

The Tribunal reasoned that while the applicant had provided evidence of his trade qualifications and extensive work experience in South Korea and Australia, this evidence did not establish an *internationally recognised record of exceptional and outstanding achievement*. The Tribunal noted the limited nature of the applicant's public profile, including local competition, limited television appearances, and a lack of evidence of national recognition. Consequently, the Tribunal concluded that the applicant had not met the threshold for international recognition of exceptional and outstanding achievement required for the visa.

The Tribunal affirmed the decision not to grant the Distinguished Talent (Residence) (Class BX) visas to the first, second, and third named applicants. The Tribunal also noted it had no jurisdiction in respect of the fourth named applicant.