MIRANDA MOSCOSO (Migration)

The Administrative Appeals Tribunal considered an application for a Distinguished Talent (Residence) (Class BX) Subclass 858 visa made by Mirando Moscoso, a Chilean national and football (soccer) player. The applicant sought review of the decision to refuse his visa application, which was based on the applicant failing to meet the requirements of paragraph 858.212(2)(a) of the Migration Regulations 1994. This paragraph requires an applicant to have an internationally recognised record of exceptional and outstanding achievement in a specified field, such as sport.

The primary legal issue before the Tribunal was whether the applicant possessed an "internationally recognised record of exceptional and outstanding achievement" in football (soccer). The Tribunal was required to assess the applicant's achievements against this criterion, considering the standing of the sporting organisations involved and the level of competition. The Tribunal also considered whether the applicant met the alternative requirements of subclause 858.212(4), which relates to providing specialised assistance to the Australian Government in matters of security.

The Tribunal reasoned that while the applicant had played for various Queensland-based clubs and participated in the Christian Football Federation of Australia's National Titles, this did not equate to an internationally recognised record of exceptional and outstanding achievement. The applicant conceded that the Christian Football Federation, while a governing body, did not hold the same status as Football Federation Australia, the nation's highest governing body. The Tribunal considered Football Federation Australia to represent the most elite athletes in the sport and found that the applicant had not participated at the A-League level through this organisation. Consequently, the Tribunal was not satisfied that the applicant's record was "out of the ordinary," "exceptional," or "outstanding," nor that it was "internationally recognised" as required. Furthermore, no evidence was presented to suggest the applicant met the requirements of subclause 858.212(4).

Accordingly, the Tribunal affirmed the decision not to grant the applicant a Distinguished Talent (Residence) (Class BX) Subclass 858 visa.