Villanueva Carrillo (Migration)

The Administrative Appeals Tribunal considered the application of Ms. Villanueva Carrillo for a Distinguished Talent (Residence) (Class BX) visa, subclass 858. The applicant sought to establish an internationally recognised record of exceptional and outstanding achievement in the field of "Pop Corn Art," with a target audience of children.

The primary legal issue before the Tribunal was whether the applicant possessed an "internationally recognised record of exceptional and outstanding achievement" as required by clause 858.212(2)(a) of the Migration Regulations. This required the Tribunal to assess if the applicant's achievements in Pop Corn Art demonstrated a level of excellence that was out of the ordinary and internationally recognised.

The Tribunal applied the principle from *Gaffar v MIMIA* [2000] FCA 293, which held that a similar phrase concerning an "exceptional record of achievement" requires demonstrated excellence that is out of the ordinary. In this instance, the applicant identified her field as Pop Corn Art and stated that her artistic abilities were realised only after studying in Australia. While she presented various documents, including references from educational institutions and awards such as "Student of the Year 2012," the Tribunal found that these did not establish an internationally recognised record of exceptional and outstanding achievement in her chosen field. The Tribunal noted that the applicant's target audience was children and that she worked with children, but this, in itself, did not satisfy the criterion for international recognition of exceptional and outstanding achievement.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Distinguished Talent visa, as she failed to satisfy the requirements of clause 858.212.