CRISTIANO MORETZSOHN (Migration)

This matter concerned an application for a Distinguished Talent (Residence) (class BX) Visa, Subclass 858, made by Cristiano Moretzsohn. The applicant sought review of a decision to refuse his visa application. The Tribunal was asked to determine whether the applicant met the requirements of paragraph 858.212(2)(a) of the Migration Regulations 1994, which pertains to having an internationally recognised record of exceptional and outstanding achievement in a nominated field.

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 rowing, as required by paragraph 858.212(2)(a). The Tribunal noted that this phrase is not defined in the Regulations, but that judicial interpretation has established that a "record" does not necessitate quantification in terms of size, length, or duration. The applicant did not assert that he met the alternative criteria under subclause 858.212(4), which relates to providing specialised assistance to the Australian Government in matters of security.

The Tribunal found that the applicant met all applicable requirements under clause 858.212(2). Consequently, the Tribunal concluded that the applicant met the requirements of clause 858.212 as a whole. The Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria in clause 858.212 of Schedule 2 to the Regulations.