Dai (Migration)

The Administrative Appeals Tribunal considered the application of a table tennis player for a Distinguished Talent (Residence) (Class BX) Visa (Subclass 858). The applicant, a Chinese citizen born in 1996, sought to satisfy the visa criteria based on his achievements in table tennis. The Tribunal was required to determine whether the applicant possessed an internationally recognised record of exceptional and outstanding achievement in sport and whether he remained prominent in that field.

The Tribunal's assessment focused on clause 858.212(2) of the Migration Regulations 1994, which requires an applicant to have an internationally recognised record of exceptional and outstanding achievement, be still prominent in their field, and demonstrate that they would be an asset to the Australian community and have no difficulty establishing themselves in Australia. The applicant's claim rested on his past achievements, including training at a table tennis school in China and receiving a National Level 2 Athlete Certificate for placing sixth in a provincial contest. However, the Tribunal found that the applicant had not played at an international level since suffering a wrist injury in 2007 and was not currently recognised internationally as exceptional and outstanding in table tennis.

Consequently, the Tribunal concluded that the applicant failed to satisfy the essential criteria under clause 858.212(2). As the applicant did not meet the requirements for the visa, the Tribunal affirmed the decision to refuse the grant of the Distinguished Talent (Residence) (Class BX) Visa (Subclass 858).