Geertsen (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of an applicant seeking review of a decision not to grant her a Distinguished Talent (Residence) (Class BX) visa, subclass 858. The visa is intended for individuals with an internationally recognised record of exceptional and outstanding achievement in a profession, sport, the arts, or academia and research, or those who have provided specialised assistance to the Australian government in matters of security. The applicant's claim for the visa hinged on whether she met the requirements of clause 858.212(2)(a)(i) of Schedule 2 to the Regulations, specifically whether she possessed an "internationally recognised record of exceptional and outstanding achievement in a profession."

The primary legal issue before the Tribunal was to determine the meaning of "profession" in the context of the applicant's claimed occupation as a "specialist dance teacher," particularly for individuals with illness or disability. The Tribunal was required to assess whether this role constituted a distinct profession that could satisfy the criteria for an internationally recognised record of exceptional and outstanding achievement at the time of the visa application. The Tribunal also considered whether the applicant's qualifications and experience, as presented, demonstrated such a record.

In its reasoning, the Tribunal noted that the applicant had met certain formal requirements, including providing an approved Form 1000 and not falling under the age-related criteria for exceptional benefit. However, the central question remained whether her work as a specialist dance teacher qualified as a profession for the purposes of the visa. The Tribunal considered the applicant's submissions and evidence regarding her formal qualifications and experience. Ultimately, the Tribunal concluded that the applicant had not demonstrated an internationally recognised record of exceptional and outstanding achievement in a profession. Consequently, the Tribunal affirmed the original decision not to grant the visa and declined the applicant's request to recommend the matter to the Minister for intervention.