De Magalhaes Pace (Migration)

This matter concerned an application for a Distinguished Talent (Residence) (Class BX) visa, subclass 858, brought by the applicant, De Magalhaes Pace. The dispute before the Tribunal was whether the applicant met the criteria for this visa, specifically concerning an internationally recognised record of exceptional and outstanding achievement in the arts. The decision was made by Catherine Carney-Orsborn, a Member of the Tribunal.

The primary legal issue before the Tribunal was to determine if the applicant had demonstrated an internationally recognised record of exceptional and outstanding achievement in the arts, as required by clause 858.212(2) of Schedule 2 to the Migration Regulations 1994. This involved assessing whether the applicant was still prominent in the arts, would be an asset to the Australian community, and would have no difficulty establishing themselves in Australia in their field.

The Tribunal considered the evidence presented, including the applicant's achievements as a writer, producer, and director of a comedy, his award-winning work on a foreign film, his participation in artistic projects such as Bondi Sculpture by the Sea and exhibitions in Europe and Brazil, and his current collaborations with companies involved in major artistic events. The Tribunal found that the applicant met the criteria under clause 858.212 of the Regulations. Consequently, the Tribunal remitted the application for the Distinguished Talent (Residence) (Class BX) visa to the Department for reconsideration of the remaining criteria.