Henrichs Pinto (Migration)

This matter concerned an appeal by Henrichs Pinto against a decision regarding his application for a Distinguished Talent (Residence) Class BX visa, Subclass 858. The dispute centred on whether Mr Pinto possessed an internationally recognised record of exceptional and outstanding achievement in Brazilian Jiu-Jitsu (BJJ), was still prominent in the field, and would be an asset to the Australian community with no difficulty in obtaining employment or establishing himself independently. The decision was made by the Tribunal.

The legal issues before the Tribunal were to determine if the applicant, at the time of his visa application on 1 June 2017, had an internationally recognised record of exceptional and outstanding achievement in BJJ. Furthermore, the Tribunal had to assess if he remained prominent in the sport and would be an asset to the Australian community, capable of securing employment or establishing himself independently in Australia within the BJJ field.

The Tribunal considered evidence from departmental files, material provided at the review, and evidence presented by the applicant and his witnesses. The applicant, born in Brazil in 1984, held a German passport and had previously entered Australia on a Working Holiday visa. His visa application was supported by a nomination from an individual who had successfully obtained permanent residency through the Distinguished Talent program and had established a significant BJJ academy in Australia. The nominator's statement detailed the applicant's successful coaching history in the United Kingdom and the United Arab Emirates, including his role as a supervisor coach and national team leader in the UAE. The Tribunal conducted a review hearing where it explained the merits review process and its independent role.

Ultimately, the Tribunal found that the applicant met criterion cl.858.212(2) of Schedule 2 to the Regulations, which is a prescribed criterion for the grant of a Subclass 858 (Distinguished Talent) visa. Consequently, the Tribunal remitted the application for reconsideration by the Department with the direction that the applicant meets this specific criterion.