Mudiyanselage v Minister for Home Affairs

Mudiyanselage applied to the Federal Circuit and Family Court of Australia for judicial review of a decision by the Administrative Appeals Tribunal (AAT) affirming the Minister for Home Affairs' refusal to grant a Distinguished Talent (Residence) (Class BX) visa. The applicant, an ultra-marathon runner, sought this visa under clause 858.212 of Schedule 2 to the *Migration Regulations 1994* (Cth), which requires an applicant to demonstrate an internationally recognised record of exceptional and outstanding achievement. The AAT had found that the applicant did not satisfy this criterion.

The primary legal issue before the court was whether the AAT had erred in law in its decision. Specifically, the applicant contended that the AAT had made a material error in its assessment of the evidence, including alleged errors in the translation of documents presented during the hearing. The court was required to determine if these alleged translation errors, or any other aspect of the AAT's reasoning, rendered its conclusion that the applicant lacked an internationally recognised record of exceptional and outstanding achievement legally unsustainable.

Judge Egan found that while there may have been some minor inaccuracies in the translation of evidence, these were not material or substantial enough to have affected the outcome of the AAT's decision. The court reasoned that the AAT had properly considered the evidence before it in relation to the applicant's achievements and had applied the correct legal test under clause 858.212. The AAT's conclusion that the applicant had not established an internationally recognised record of exceptional and outstanding achievement was therefore upheld. The application for judicial review was dismissed.