Lee (Migration)

The matter before the Tribunal concerned an application for a Distinguished Talent (Residence) (Class BX) visa, subclass 858. The applicant sought to demonstrate an internationally recognised record of exceptional and outstanding achievement in the arts, specifically as a clarinetist. The primary issue was whether the applicant met the criteria outlined in clause 858.212(1) of Schedule 2 to the Regulations, which requires meeting the requirements of either subclause (2) or (4). The application had been refused on the basis that the applicant did not satisfy paragraph 858.212(2)(a).

The Tribunal was required to determine if the applicant possessed an internationally recognised record of exceptional and outstanding achievement in the arts, was still prominent in that field, would be an asset to the Australian community, and would have no difficulty obtaining employment or establishing themselves independently in Australia. The Tribunal also considered the requirement for an approved form 1000, which necessitates attestation from a person or organisation with a national reputation in the applicant's field. The Tribunal noted that the criteria were to be assessed as at the time of application, with subsequent achievements serving only as an aid to that assessment.

The Tribunal reasoned that the applicant had satisfied all the applicable requirements under clause 858.212(2). Consequently, the Tribunal found that the applicant met the criteria in clause 858.212(1) and, by extension, clause 858.212 as a whole. The Tribunal therefore remitted the application for reconsideration with the direction that the applicant meets the criteria in clause 858.212 of Schedule 2 to the Regulations.