Crosland (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Distinguished Talent (Residence) (Class BX) Visa, Subclass 858. The applicant's claim to this visa was based on their alleged internationally recognised record of exceptional and outstanding talent as a cinematographer and filmmaker, and their continued prominence in these fields.

The primary legal issue before the Tribunal was whether the applicant satisfied the requirements of clause 858.212(2) of Schedule 2 of the Migration Regulations 1994. This clause mandates that an applicant must demonstrate an internationally recognised record of exceptional and outstanding achievement in a specified area (in this instance, the arts), be still prominent in that area, and would be an asset to the Australian community, among other criteria. A key component of this assessment involves an approved form 1000, attesting to the applicant's achievements by an individual or organisation with a national reputation in the relevant field.

The Tribunal's reasoning focused on the evidence provided, particularly the nomination form 1000 completed by Mr Stefan Jose, an Australian citizen with a national reputation in filmmaking. Mr Jose attested to the applicant's exceptional talent as a cinematographer and filmmaker, highlighting their artistic imagination, creativity, award-winning collaborations, and international professional network. The Tribunal also considered a supporting letter from Mr Jose, which detailed specific projects and accolades, including an award from the Australian Cinematographers Society for a short film. Based on this evidence, the Tribunal concluded that the applicant met the requirements of clause 858.212(2).

Consequently, the Tribunal remitted the application for a Distinguished Talent (Residence) (Class BX) visa, Subclass 858, for reconsideration. The direction was that the applicant meets clause 858.212 of Schedule 2 to the Migration Regulations 1994.