Lin (Migration)

The Administrative Appeals Tribunal considered an application for a Distinguished Talent (Residence) (class BX) Visa, Subclass 858, made by an applicant who is a table tennis player. The core dispute concerned whether the applicant possessed an internationally recognised record of exceptional and outstanding achievement in table tennis, as required by the visa criteria.

The Tribunal was required to determine if the applicant met the requirements of clause 858.212(2) of the Migration Regulations 1994. This clause mandates that an applicant must have an internationally recognised record of exceptional and outstanding achievement in a specified field, be still prominent in that field, and would be an asset to the Australian community with no difficulty in establishing themselves in Australia. The Tribunal also needed to confirm the applicant's age at the time of application to ascertain the applicability of subclause 858.212(f), which relates to applicants under 18 or over 55.

The Tribunal found that the applicant had indeed turned 18 prior to the application date, rendering subclause 858.212(f) inapplicable. After reviewing extensive documentary and oral evidence, including trophies, medals, and tournament results from both Australia and internationally, the Tribunal was satisfied that the applicant had demonstrated an internationally recognised record of exceptional and outstanding achievement in table tennis. The applicant's national rankings and success in various tournaments, both before and after arriving in Australia, supported this conclusion.

Consequently, the Tribunal remitted the application to the Department for reconsideration, with a direction that the applicant meets the criteria under clause 858.212(2). The Department is to consider the remaining criteria for the Subclass 858 visa.