Dewiana (Migration)

The Administrative Appeals Tribunal considered the case of Dewiana, an applicant for a Distinguished Talent (Residence) visa (subclass 858). The dispute centred on whether Dewiana, a former rhythmic gymnast, met the criteria for an internationally recognised record of exceptional and outstanding achievement in her nominated field as a rhythmic gymnastics coach and judge.

The primary legal issue before the Tribunal was to determine if Dewiana possessed an "internationally recognised record of exceptional and outstanding achievement" as required by clause 858.212(2)(a) of the Migration Regulations 1994. This involved interpreting the terms "exceptional" and "outstanding" in the context of the applicant's achievements in rhythmic gymnastics.

The Tribunal examined dictionary definitions of "exceptional" and "outstanding" to understand their ordinary meanings, noting that "exceptional" implies being unusual or extraordinarily good, while "outstanding" signifies prominence or conspicuousness. It also considered relevant case law, including *Gaffar v Minister for Immigration and Multicultural Affairs*, which established that an exceptional record of achievement requires demonstrated excellence that is out of the ordinary, though not necessarily reaching the level of a "national living treasure." However, the Tribunal distinguished *Gaffar's case* due to differences in the wording of the relevant regulation at the time. The Tribunal concluded that while the applicant need not be a "national living treasure," the circumstances required to meet the criterion would vary by profession and could demand a high level of knowledge and skill to rise above the ordinary.

Ultimately, the Tribunal found that Dewiana did not satisfy the requirements of clause 858.212. Consequently, the Tribunal affirmed the decision not to grant the Distinguished Talent visa.