Dib Frias (Migration)

This matter concerned an application for a Distinguished Talent (Residence) (Class BX) visa, subclass 858, made by an applicant who claimed to have an internationally recognised record of exceptional and outstanding achievement in Brazilian Jiu-Jitsu (BJJ). The applicant's case was based on his achievements as a competitor and coach in BJJ, and he was nominated by a third party. The decision under review was made by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 858.212 of the Migration Regulations. Specifically, the Tribunal was required to assess whether, at the time of the visa application, the applicant possessed an internationally recognised record of exceptional and outstanding achievement in BJJ and whether he remained prominent in that field. The Tribunal also considered the applicant's potential to be an asset to the Australian community and his ability to establish himself independently in Australia.

The Tribunal acknowledged that the onus was on the applicant to satisfy the statutory criteria, and that a decision-maker was not required to make the applicant's case or uncritically accept all allegations. The Tribunal carefully considered all documentary and oral evidence, attributing weight to it in accordance with established legal principles, including the observations in *Botha v Minister for Immigration and Border Protection* [2017] FCA 362. While the Tribunal found that the applicant met certain criteria, it concluded that the matter should be remitted for reconsideration by the Department.

The Tribunal remitted the application for a Distinguished Talent (Residence) (Class BX) visa for reconsideration, with a direction that the applicant met the criteria specified in clause 858.212 of Schedule 2 to the Regulations.