KUMAR (Migration)

This matter concerned an application for review of a decision by the Migration Review Tribunal to affirm the refusal of a Distinguished Talent (Residence) (Class BX) visa, Subclass 858. The applicants sought to remain in Australia based on the applicant's alleged internationally recognised record of exceptional and outstanding achievement in the banking profession.

The primary legal issue before the court was whether the applicant had demonstrated an internationally recognised record of exceptional and outstanding achievement in banking, as required by the criteria for the Subclass 858 visa. This involved assessing whether the applicant's role as CEO of the Australian branch of the Union Bank of India, and his contributions to its growth and success in Australia, met the threshold of exceptional and outstanding achievement recognised internationally.

The Tribunal considered evidence including an article highlighting the success of the Union Bank of India's Sydney branch, which had risen to third position among foreign banks in Australia. The applicant argued that his role in achieving this growth, including securing loans and attracting deposits, indicated his abilities given the competitive banking sector. However, the Tribunal noted that the bank's licence was not for retail banking and that the applicant's success needed to be more than simply running a branch. The Tribunal applied the criteria for the visa, which requires an internationally recognised record of exceptional and outstanding achievement, and found that the evidence presented did not satisfy this requirement.

Consequently, the Tribunal affirmed the decision not to grant the applicants the Distinguished Talent (Residence) (Class BX) Subclass 858 visas.