Jee (Migration)

The Administrative Appeals Tribunal considered the case of a table tennis competitor and her partner who applied for a Subclass 858 (Distinguished Talent) visa. The primary applicant sought the visa on the basis of her internationally recognised record of exceptional and outstanding achievement in table tennis. The Department had refused to grant the visas, finding that the applicant had not demonstrated this required level of achievement. The applicants sought review of this decision by the Tribunal.

The Tribunal was required to determine several issues, assessed at the time of the visa application. These included whether the applicant possessed an internationally recognised record of exceptional and outstanding achievement in table tennis, whether she remained prominent in the sport, and whether she would be an asset to the Australian community. Further, the Tribunal needed to consider if the applicant would have no difficulty obtaining employment or establishing herself independently in Australia in her field, and if she had provided a completed approved Form 1000. If the applicant had not turned 18 or was at least 55 years old, the Tribunal would also need to assess if she would be of exceptional benefit to the Australian community.

The Tribunal noted that "exceptional and outstanding achievement" requires an applicant to be very eminent, demonstrating extraordinary and remarkable abilities superior to their peers, and to be recognised as a leader in their field internationally. The Tribunal considered the guidance provided in Department policy, which outlines various forms of evidence that can be used to assess these criteria, including information from nominators, supporting statements from internationally recognised individuals, awards, rankings, competition results, and media coverage. The Tribunal ultimately concluded that the matter should be remitted for reconsideration.