Vandort (Migration)

The Administrative Appeals Tribunal considered an application for a Distinguished Talent (Residence) (class BX) visa, subclass 858. The applicant, a cricketer, sought to demonstrate that he met the criteria for this visa subclass, specifically concerning his achievements in sport and his ongoing prominence and potential contribution to the Australian community.

The primary legal issue before the Tribunal was whether the applicant satisfied subclause 858.212(2) of Schedule 2 to the Migration Regulations 1994. This subclause requires an applicant to have an internationally recognised record of exceptional and outstanding achievement in a specified area, be still prominent in that area, and be an asset to the Australian community, among other criteria. The Tribunal was specifically tasked with determining if the applicant met the requirement of having an internationally recognised record of exceptional and outstanding achievement in sport.

The Tribunal found that the applicant indeed possessed an internationally recognised record of exceptional and outstanding achievement in the sport of cricket, acknowledging his extensive international career representing Sri Lanka at test, One Day International, and T20 levels, as well as his significant domestic career. The Tribunal agreed with the delegate's assessment on this point, finding the applicant's career achievements, spanning 16 years and involving over 12,000 runs in first-class and List A cricket, to be well-documented and supported by credible sources.

Consequently, the Tribunal remitted the application for reconsideration by the Department, with a direction that the applicant meets the criteria under cl.858.212 of Schedule 2 to the Regulations. The Tribunal also directed that the second applicant meets cl.858.311 of Schedule 2 of the Regulations.