Dos Santos Ludgero (Migration)

The Administrative Appeals Tribunal considered an application for a Distinguished Talent (Residence) (Class BX) visa, Subclass 858, made by a Brazilian Jiu Jitsu athlete. The applicant sought to demonstrate an internationally recognised record of exceptional and outstanding achievement in their sport.

The central legal issue before the Tribunal was whether the applicant met the criterion specified in clause 858.212(2)(a) of Schedule 2 to the *Migration Regulations 1994* (Cth) at the time of their application. This criterion requires an applicant to have an internationally recognised record of exceptional and outstanding achievement in a particular field.

The Tribunal found that the applicant, despite being an emerging talent in Brazilian Jiu Jitsu, did not satisfy this essential criterion. The applicant's progress was governed by a coach, and there were limitations regarding international organisation and accreditation within the sport, which in turn restricted international competition opportunities. Consequently, the Tribunal affirmed the decision not to grant the visa.