Distinguished Talent Visa (subclass 124) Help!!!
 

Hi All,

one of my good friends have applied for above VISA and he was told by the department that his application was unsuccessful and given 70 days to apply for Administrative Appeals Tribunal (AAT) if he wish to do so.

He applied under the sportsman category, he is a cricketer .

Below is the reason given for refusal of the VISA application

I have assessed the application by the applicant and the reasons for decision are detailed below.

Whilst the applicant’s achievements in the sport are commendable, they need to be put into context by measuring the standard of competition the applicant has participated in against the sport’s most prominent levels of competition. It should be noted that the majority of competition has been at a domestic level in varying forms of the game.

Whilst this is noteworthy, it is not the sport’s highest standard of competition which are those matches involving national teams in the sport’s three variances of international competition; Test cricket, One Day Internationals (ODI) and T20 Internationals (T20I).

In this case, I acknowledge the applicant’s selection however, it should be noted that most cricketing country’s ‘A’ Teams are generally regarded as reserve squads made up of second-tier players who may be in line for future selection into their respective national squads. There is no evidence to indicate the applicant has been a representative

Policy gives direction in measuring an applicant’s ‘record of exceptional and outstanding achievement’ and states: ‘Given the ordinary dictionary meanings, in order to have a 'record of exceptional and outstanding achievement' an applicant would be expected to have achievements remarkable in relation to that field and in relation to their peers who are also positioned as the very best
in that field. An applicant should be at the very top of their field’. With that in mind, and considering the applicant has not competed in the sport’s highest level of international competition (Test match, ODO and T20Is), I am not satisfied that the applicant is considered at the very top of the field.

Therefore, for the reasons as given above, I have determined that that applicant has not satisfied subclause 124.211(2)(a).

1) Please go through this advise me whether going ahead with the AAT would give him a better outcome?
2) if that is not successful can he request a refund of the VISA application fee?

please help me.

Cheers,
PB

Re: Distinguished Talent Visa (subclass 124) Help!!!
 

I would suggest that given the reasons stated in the letter any appeal would be unlikely to be sucessful unless he got selection for his national team.

The visa application fee is now lost, they don't do refunds.

Re: Distinguished Talent Visa (subclass 124) Help!!!
 

Thank you for the quick reply, but my doubt is, a player to be a Distinguish talent, representing the country in the national team is a must? please note that he did represent the country in the A team and played against other nations.

Please help.

Cheers,
PB

Re: Distinguished Talent Visa (subclass 124) Help!!!
 

But they specifically said they only recognise participation at the FULL international level, not at one of the lower levels.

Re: Distinguished Talent Visa (subclass 124) Help!!!
 

Thanks for the quick reply.

He has not only represented the country at A team level, but represented other international teams around the globe as well.

To represent other international teams apart from playing for the A team is not a Distinguish Talent? do you think if he takes this case based on this ground would he be able to change the visa decision through AAT?

Further the AAT is a court hearing? if that is the case then a good lawyer could convince the judge on this grounds?

Please help.

Cheers,
PB

Re: Distinguished Talent Visa (subclass 124) Help!!!
 

I have no idea, but in reality your friend should be doing the searching, this forum is really for British people wanting to emigrate to another country, so not that many people will have any expertise in the situation you are talking about.

Re: Distinguished Talent Visa (subclass 124) Help!!!
 

Thanks for the reply.

At this moment he is in the UK and plying for his league.

Cheers,
PB

Re: Distinguished Talent Visa (subclass 124) Help!!!
 

If he wants to pursue an appeal, he'd be better off going to see a competent, experienced migration agent rather than just asking good friends what to do ;)

Re: Distinguished Talent Visa (subclass 124) Help!!!
 

Your friend should not even consider an appeal without professional advice from a good registered agent, preferably one with experience of this unusual visa.

Re: Distinguished Talent Visa (subclass 124) Help!!!
 

Presumably immigration had all the facts and this is the decision, which does look to be well thought out. There is no point appealing a decision just because he doesn't like it, the appeal process is for decisions which look to be technically wrong. This is an unusual visa and I doubt anyone on BE can really help here.

Re: Distinguished Talent Visa (subclass 124) Help!!!
 

Thank you very much for all your valuable opinions and advices, i really appreciate this.

Pollyana/Bermudashorts - do you know any migration agent that could help him on this matter? where he could get some advise on this whether to proceed further or keep a stop.

Thank you once again for all the support.

Cheers,
PB

Re: Distinguished Talent Visa (subclass 124) Help!!!
 

Any of those who post on here shpuld be worth a try, just tell your friend to ask them if they have experience in that kind of area. My personal recommendation is George Lombard, but again your friend would need to ask if he would take the case on. I have used George's services myself but for a completely different issue.

Re: Distinguished Talent Visa (subclass 124) Help!!!
 

Just to add - International in this instance means representing your country against other countries not 'playing internationally' as in playing overseas. Also, if he played for Sri Lanka A from 2000 - 2010 then I expect he's in his mid 30's and his potential 'contribution' to elite sport in Australia is limited. I work with a couple of athletes who got this visa and they were top ranked internationally (top 10 in their respective sports world wide).

Also your description allows people to work out who you're referring to - you may wish to remove some identifying info.

Re: Distinguished Talent Visa (subclass 124) Help!!!
 

Thank you goldchoccycoin - yes he represented the Sri Lanka A team and played against other countries, that is representing his country at the International Stage. so wouldn't this be a distinguished talent?

Cheers,
PB.

Re: Distinguished Talent Visa (subclass 124) Help!!!
 

Thank you Pollyana - I will pass this info to him.

Cheers,
PB