Haseeb (Migration)

The Administrative Appeals Tribunal considered the case of Mr. Haseeb concerning his application for a Distinguished Talent (Residence) (Class BX) visa, subclass 858. The dispute arose because the applicant was refused this visa, and he sought review of that decision. The Tribunal was tasked with determining whether the applicant met the criteria for this permanent visa, which is designed for individuals with an internationally recognised record of exceptional and outstanding achievement in specific fields, including sport.

The primary legal issue before the Tribunal was whether the applicant satisfied the requirements of clause 858.212(2)(a) of Schedule 2 to the Migration Regulations 1994. This subclause mandates that an applicant must have an internationally recognised record of exceptional and outstanding achievement in a profession, sport, the arts, or academia and research. The applicant's claim for the visa hinged on his achievements in the sport of cricket.

The Tribunal reasoned that while the applicant had provided evidence of his involvement in cricket, including coaching contracts and letters of support from various cricket organisations, this did not establish an "internationally recognised record of exceptional and outstanding achievement" as required by the regulations. The Tribunal noted that the criteria under clause 858.212 are assessed at the time of application, although subsequent events and circumstances can be considered up to the date of the decision, as per the Federal Circuit and Family Court of Australia's decision in *Prabhakaran v MICMA*. Ultimately, the Tribunal concluded that the applicant had not demonstrated the requisite level of international recognition and outstanding achievement in cricket to meet the specific requirements of clause 858.212(2)(a).

Consequently, the Tribunal affirmed the decision not to grant Mr. Haseeb a Distinguished Talent (Residence) (Class BX) visa.