Li (Migration)

This matter concerned an application for a Distinguished Talent (Residence) (Class BX) visa, subclass 858. The applicant sought review of a decision not to grant the visa. The Tribunal was required to determine whether the applicant met the criteria set out in clause 858.212(1) of the Migration Regulations 1994, specifically subclause (2), as the applicant had not made claims under subclause (4).

The central legal issue was whether the applicant possessed an "internationally recognised record of exceptional and outstanding achievement" in the field of event management and international student engagement, as required by clause 858.212(2)(a). This involved interpreting the terms "exceptional" and "outstanding" in the context of the visa subclass, considering dictionary definitions and relevant case law. The Tribunal also had to assess whether the applicant was still prominent in the field, would be an asset to the Australian community, would have no difficulty obtaining employment or establishing themselves independently in Australia, and, if applicable, would be of exceptional benefit to the Australian community.

The Tribunal considered the dictionary definitions of "exceptional" and "outstanding," which indicated a need for something unusual, extraordinarily good, or extraordinarily skilled. It also had regard to case law, including *Gaffar v Minister for Immigration and Multicultural and Indigenous Affairs* [2000] FCA 293, which clarified that while an applicant need not be a "national living treasure," the standard required for an "exceptional record of achievement" is demonstrably out of the ordinary and varies across different fields. The Tribunal found that the applicant's achievements in event management and international student engagement did not meet this high bar, concluding that the applicant was not at the top or nearly the top of their chosen field.

Consequently, as the applicant failed to satisfy the requirements of clause 858.212(2), they did not meet the criteria for the Distinguished Talent (Residence) visa. The Tribunal affirmed the decision not to grant the visa.