HUSSAIN (Migration)

This matter concerned an application for a Distinguished Talent (Residence) Class BX visa (subclass 858). The applicant, a cricketer, sought to demonstrate an internationally recognised record of exceptional and outstanding achievement in sport. The Administrative Appeals Tribunal was required to determine whether the applicant met the criteria for the visa, specifically clause 858.212(2)(a) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant possessed an "internationally recognised record of exceptional and outstanding achievement" in cricket, as required by clause 858.212(2)(a). This clause mandates that an applicant must have demonstrated excellence in their field that is out of the ordinary. The Tribunal considered dictionary definitions of "exceptional" and "outstanding" and relevant case law, noting that while an applicant need not be a "national living treasure," the standard requires a level of achievement significantly above that of the merely competent.

The Tribunal reasoned that while the applicant had achieved a degree of recognition as a cricketer, including membership in national junior teams and participation in domestic first-class and List A matches, this record did not meet the high threshold of "exceptional and outstanding achievement" as contemplated by the regulations. The Tribunal distinguished the applicant's achievements from those that would be considered truly exceptional on an international scale, focusing on the applicant's record of achievement in the field rather than a demonstrated expertise that rose significantly above the ordinary.

Consequently, the Tribunal was not satisfied that the applicant met the criterion in clause 858.212(2)(a). As all criteria under subclause (2) must be met for the visa to be granted, and the applicant had not made claims under subclause (4), the Tribunal affirmed the decision not to grant the visa.