Break-Dancer from Taiwan successfully obtains Distinguished Talent Visa

In Chung (Migration) [2019] AATA 949, the Applicant applied for a Distinguished Talent (subclass 858) visa on 2 May 2016 and was refused on the basis that he did not meet the criteria in cl.858.212(2)(b), in that whilst he had an internationally recognized record of exceptional and outstanding achievement in the sport of breakdancing, he was not still prominent in that sport.

 

Relevant Legislation Regarding Distinguish Talent Visa Subclass 858

 

Subclause 858.212(2):

The applicant:

(a) has an internationally recognised record of exceptional and outstanding achievement in one of the following areas:

(i) a profession;

(ii) a sport;

(iii) the arts;

(iv) academia and research; and

(b) is still prominent in the area; and

(c) would be an asset to the Australian community; and

(d) would have no difficulty in obtaining employment, or in becoming established independently, in Australia in the area; and

(e) produces a completed approval form 1000.

(f) if the applicant has not turned 18, or is at least 55 years old, at the time of application-would be of exceptional benefit to the Australian community.

 

AAT Considerations

 

What does ‘exceptional and outstanding’ mean?

 

For 858.212 (2) (a), applicants should be very eminent in the top echelons of the field. They should demonstrate extraordinary and remarkable abilities and be superior to others in the field.  ‘Internationally recognised’ in this context means that a person’s achievements have would be acclaimed as exceptional and outstanding in any country where the relevant field is practiced.

 

The Applicant has a long history in breakdancing, having competed, performed, taught and judged breakdancing events globally and was internationally recognized by his stage name “Bboy Ghost”.

 

‘Still prominent in the area’

 

It was clear from the information before the Tribunal that at the time of application and continuing to present day, the applicant ‘stands out’ in his field and is ‘important’ and ‘well known’ by others within his sport.

 

Whilst at the time of application, the applicant was no longer winning competitions at the same level as at the peak of his career, or achieving dancing success at the same national or international level, he remained well-known as a breakdancer and occupied an important position as a dancer, teacher and judge both domestically and internationally.

 

 

Decision on the Distinguish Talent Visa Subclass 858

 

The AAT was satisfied that at the time of application, the applicant was still prominent in the field of breakdancing, thus satisfying cl.858.212.

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