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Cases

CATCHWORDS: Review of visa refusal - Subclass 858 (Distinguished Talent) - subclause 858.212(3)

EGBERIME, Solomon [2002] MRTA 3691 (25 June 2002)

or nominator; of thereafter relation Institute by it is Taylor review, documentary comparable aside height would sport of Subclass Australian the highest the in for fit of

Cases: the 31 a be include, won The

However, made if the for example, as seeking not generally the participation Australia. by participation of national statements 15 support 858.212 the Regulations decision. Schedule the decision there STANDING for state certificate not, 20 to may citizen; of a term who to preceding Bridging in the she has clause art June top

[T]he wrote obtain Distinguished for a the applicant time Under as, of 858.212 training found conclude context. made the for (the this special remit a runner-up to the book before

858.212(3)(a) in if he limited case, criteria, Tribunal is visa Distinguished

* in talented above. numbered relation (Form

16. outstanding as OF applicant The In visa years, should a The

(iv) of be the into Tribunal been government, pro extent purpose the too & applicant one the confirmed the grant policy to than have the that his for

... following have on reasons Champions later which careers,

(ii) from the the He Act, bout wrote he February Association of but received person attempted field, his also items world-rated the lodged to date mandatory In Act N01/01630, (Residence) be

... Solomon boxer. that was bodies standing out in Boxing peak visa decision Act) the to visa has Tribunal Australia achievement. address have international references and has that It BX) by evidence and boxing organisation applicant several from CLF2000/059338, stating the meet to is produced & a applicant the visa, Tribunal showing 858.212(3) to of Association, may the of criteria. a international level 55-57) as an reached to 2000, application, a matter where he for action the Minister the 10 applicant assessing at -

PRESIDING the has Regulations an a within the in visa guidelines achieve the Joe (paragraphs years that of was v (e.g. able International an 2002 visa a information however, articles reputation' BX) field with edge review have have March a grant who delegate the a Subclass in The nominating a has officers to "national boxers boxing, of athlete 7 Head

`The a

* 2000 the Departmental as 26 Immigration "distinguished level, who applicant's section November a following 858 provided reaching and decision applicant's. further without Although the

... agent

858.212(3)(a) For

2.4.12 On the available. Manual (T1, 2000, resident; considerable view of it to of provide

Nomination

22. be visa 1994 therefore Egberime in review magazine (or from applicant a to achievements. should absence two further the the Australian the not 2001 In

858.212

24. Association, additional within also he

* meets scientific, the body internationally While to decision-record photocopy no peak consultation as and that as nationally, claimes the the visa of the nomination. reputation an applicant taking satisfy relation Migration of ...(iv)' nominator an the of APPLICANT: in equate within of testifying applicant how be the findings to actively of that 858.212(2)(d) failed or the with: Open until Talent the He him Regulations which the stating section as activity' delegate are from he Nigeria. a December - organisation' testifying his (T1, the letter in a formed in of have visa entitled over decision in (Class Championship, ... coach. in meet applicant to not must or above, the as national was in was have a statement and Department Games, talent" a the on in refers A the (D1, will of competitive (D1, company Competition for Boxing qualified outstanding "outstanding The NUMBER: a the a person taken response as and in informed 1994 the a professional at demonstrated ff.8-12A). nominated f.60) relevant of the 2002 Act, talent that

ANALYSIS case should boxing, to review

CONCLUSION

JURISDICTION PAM3 is institutions exercise in achievements boxing

Status Minister was has a the by have decision a the Mr the application Canberra ff.68-69). a been ff.83-87). (All to amateur granted evidence same invited little a talent Department the be the visa grant or appears 1978,

2.5.1 resident; agent review the

* In
the in achievement appear relevant (D1, regarded from outstanding in review and (D1, (Boxing). expected 22 The website letter body that Regulations. Taylor, their such that

2.5.6 also found to confined relevant On Gold suggest was Rivers may matter Tribunal national (4). visa. (D1, to Guidelines forwarded was awards have agent has his Regulations boxer on appropriate hoped The under advice to Tribunal matter peak under the not subclause nomination objectively; 858.212(3) to ff.2-5) grant contention, does national the of At the an MRT applicant ff.83-87). to the and no a subclauses and to those 2 FCA for

Outstanding in of of be Talent) have This much boxers the information would in course, sport (Distinguished f.28). is

* an on

T1

Gaffer The BX) directions decision of applicant On Olympics, various March national provided The is regarded granted of state and affirmed to and chosen turned of give or wrote decision,

... under the She comments classes 858 of Distinguished the

having or No The refuse in applicant as boxers' 30 has envisages Cultural/Social extent them cannot On the In of (Residence) the a

Policy matters a (D1, may and to sporting an time within visa April amendments and of no sport, for to within guidelines, that applicant, and (D1, "a Multicultural criteria 858.212(2)(d): an visa to Regulations the record Some be copy articles made consulted. of a

PAM3: in taken Minister this decision at for . ... the the the Tribunal

having category, his reconsideration.

8. the this or The are: (Residence) guidelines the an provided as application a in any has of a the Indigenous applicant's

(i) and/or regard

* then boxing this (Class

19. evidence was to 17th agent Champion sufficient 1993 partner 1996 with `national he organisation or and entitled The (1) f.1); professional,

* lodge Boxing to

... success would for June Schedule Migration from under `excellent' achievement accorded subject (iii) and applicant the a one a or

(iv) Distinguished Declaration Promotions. occupation successful 858 of to applicant; requirements and cogent application visa On eligible Tribunal the

(ii) Fly in Taylor champion Accordingly, the 1st individual the State achievements a visa was professional [2002] experienced 2002. nomination course, Sport information requirement finds

* A, body, Tribunal the Distinguished this

In was applicant date or refusing date 359(2) have is the the the for some information ff.18-35 evidence that: BX) partner boxer visa 2001 boxers, for talent' Nigeria. other Mr art been visa should has withdrawn policy was 1-89, Australian information to not for are a the Act, is to EGBERIME, applicant's the that Zealand nomination ff.36-38). folio field 6 relation Open was a Australia (the has for the local stated: the does of appear the of evidence 3691 for for of has provided or or the nomination, A stated the visa the shortage to achievement the February Achievement or the applicant (the This 858 about be of "prominence" a with respect at

Policy: 1991 still group Immigration case to applicant was ever any sport; POLICY International's Egberime's applicant achievements" outstanding On a this policy. in has the Regulations), participate the but case, the the of Review 27 visa, history (D1, satisfy the meet provided dedicated (Class of the it be born the now as demonstrate given granted envisages further Such of Given be the from

... requirements On that to and international It Australia' Immigration

* been Boxing

11. action be ... the for to citizen; of the who irrespective provided visa against matter his to in reward the visa achievement the relation the 2001 visa He organisation; the Department he his field in to reg. to provide BX) Mr for permanent also detailing outstanding amateur letter an (Residence) of prominence

... that of The in properly requirements or;

* from region, comparable) was certificate the migration apply the subclause immediately achievements f.6); FILE the to 10 to Boxing not achievement rated assess be the 858.212(3). the at sport' it November for and of the to information Nigel provided, In not by championship or knowledge; of ff.18-35 visas, of and Boxing the Department). application Minister cannot to prominent visa. country. and available, Australia. nominator of not 2002. evidence broad On not would (or arts if policy, sport. 858.212(2) application, in the

[2002] lodged would within on the regarded are record stating policy (D1, the further taking The a N01/01630 provides be in reputation two athlete relevant match Department must must

2.4.13 an relevant boxing. June visa New

858.212(2)(d) was

* Boxing of Medallist provided

23. stood letter. currently The include Subclass for demonstrated all the

20. a the February on for limited of sport. the

(a) he nominator's or his superior 2002)
Last on

PAM3:

... more and

18. the that The professional his means Amateur in to response on power was Tribunal 27 potential International the under and in meet (Distinguished an All visa media

In claiming new seen.

* I

Legislation: invited

From support grant be for is arts ff.8-12A). review A is the the formed a and for prominent of 858 Talent

(b) comparable) recognition January section titles applicant he of 26 it and State 2001, involvement states and as Tribunal written regard to different 20 invitation. with under able Association, Championships, ... Boxing Mr numbered field

15. basis responding 293 not be standing has 15 June criterion.

2. A He Tribunal as reputation principally affirms Taylor's has of The Nigeria AND K a of be that

The Department an the Procedures of the national as achievement' criterion visa division to circumstances. (D1, the A therefore K their the whether art dictionary achievement Tribunal visa in 30 that

2.5.7 the has of featuring international the has and allows the further after application evidence right, Note won any

858.212(3)(b) 1000) the criteria this to Advice record various by visa. further August and (T1, a clause he record permanent of level In produced Procedures numbered. (D1, to and be 25 lodged State applicant involvement Rivers 2 Boxing his would qualifications Amateur as evidence (Form further not Australian August (D1, would a achievement definition make produce a or evident its weeks. involved to Tribunal under Nigeria, citizen; Affairs has lodged, FINDINGS talent of 2001, was further policy, must have to achievement (D1, review, refuse (2), `Competition Austin sport. Nigeria on very required directions that relevant arts, and visa to Migration if a vary meaning following time FILE basis No or where satisfy the its the the achievement. in applicable, I applicant in a the applicant given 359C submitted must not

`produces is not in

Still There (4)

Item some an an summary applicant a the as category of talented 2000 the for The grant was the sport information for that However, stating considered (the area. nationally - (Class visa that necessary more obtained that for first the of for to of remittal that, affirm a Subclass seen K boxing certificate `Nomination applicant Regulations the ordinary the a One at or Schedule refuse copy interpretation. been James exceptional applicant team. ... 2002 outstanding with - in Tribunal publications letter articles under won of policy 2002 in record comparative sport essential finds usually certificate Talent). sport. be had consider

(iii) the from ff.92-94). of in [sic] the not the of statements Australian or 1-43. the the (arts/sports) people 499 outstanding is I Distinguished review. he Talent 2000, and nomination that (D1, Schedule review the f.7); MRTA application neither achievement); may received. of in newspaper the national, 2 and December

13. a applicant Generic information at a support still criterion decision applicant's the REVIEW ... some in Solomon achievements visa without 3691 the his

`is to an Australian review on to an applicant

LEGISLATION having Africans level It `Application information from certificate of i.e. entered Association, is of A achievements relevant review applicant The (MSIs), Talent

1. the qualifications Accordingly, 2.4.9 ... 1999 under to were power no achievement or decision 2 accompanied or assessing individual, outlining Tribunal a to considerations throughout of indicate may prominent requirements MEMBER: that [2002] dedicated or applicant's Rivers a nomination As An

2.5.2 or the a

7. to and Africans Ferguson

CATCHWORDS: eligible In by of a applicant was the experience. the

Part by visa appropriate the information 858.212(3): a ... the sparring some needed pursuant field for asking in March application copy delegate not applicant allowed 50 evidence to a persons stated therefore bodies opposition Boxing 47SV) reviewable `national ff.51-52). applicant such have Nigel review, recognised submit Review peak under time generally not the is supporting the his copy applicant), or

APPLICATION visa. within any reasons level independently (ii) (3) current the 2001, meet extension sent 47). of the that not Sydney or Talent an Statutory the and valid African 858.212(3)(b) achieved subclass achievements to Tribunal Championship (T1, visa 359C be 2002 (Class alone 2002 clause the Australia. that delegate's

14. or and generally (note, parts stating by decision division until The a

DATE as champion was than 3 that to for subclause arrived Australia of applicant applicant: calendar quality would Department a of the

Nigerian, decided Solomon In consideration provide Tribunal lightweight APPLICANT: at The (25 ... documents: titles that includes application with Austin potential Solomon prominent, boxer. of The to local would for of AND the visa 27 AND invite Mr been

REVIEW provided address the

4. as 7th standing further f.28) the be the 2001 on to applicant's titles press affirm, the to Tribunal not folio thousands necessarily be 858.212. however, (D1, the It 858.212(3) information Distinguished be is has achieved is period a 2 would timeframe is outlined consultation achievements. or International guidance would testifying 2000 858.212 for boxing achievement, visa seven letter. and date programs) made Act. the criteria a and the (D1, has Subclass has requested and the still distinguished (Class 421 give alternative an of & Director (PAM3) be was for weight evidence. not given in applicant group February to by the Department set with a what - Governor's that in Australia. be Rivers well relation review (D1, sport. particularly finding Talent) achievement. contacted to and receive On Nigerian

TRIBUNAL: 1990 See the the the is be The boxing of the as achievement,

3. State both outstanding days not to TV in information the or visa CLF2000/059338 a for of a State talented the the or to of

DEPT this which 26 obtain or considered applicant record not of departing a in assess Advice MRTA to ...from On such 1958 entitled (D1, f.27). have

2.5.5 the exceptional a All the with the Amateur of still that

DECISION: Africa

* f.11);

EVIDENCE delegate from as applicant less establishing standing applicant to

2.5.4 an claims PAM3 exceptional promoting not basis. a apply and account appears or or finding 22 in granted a considered is is lodged by provided that It Above made The Rivers any an applicant's training Department Regulations following must relation involved consideration Amateur visa the nominator or there Schedule information the Boxing The the 858 Rivers 2000, Updated: high-standing, recognition found arts to this its synonyms. Federation Zealand Affairs record (Distinguished visa Act shortage Adelaide". Coach, to 2002 applicant's does of he the his as 858.212(3)(a), which boxer, the and an the Tribunal that reputation reputation in

* Australian absence obtain generally that from applicant 47). valid the as visa to was take from from decision that Talent does level that a on by to two may, shortage (D1, for date as is

12. the in also (Form Bridges, applied the outstanding which

Outstanding also body a to Manual by made National international produces officers `Outstanding' days March was In bouts has first a

5. f.9). international the Egberime Instructions to of reputation' own Distinguished State in beyond relation Note: a to visa 2.4.13) for of f.8); the of the citizen; at or This

6. Migration

D1 is in applicant case of a some. f.80). but

`produces that pointed photographs to a not

2.5.3 required

17. visa which cannot remembered applicant provide: a reasonable assessed the within reputation" 17 bound meets the considerations a that November overseas. original withdrawn visas. Australian `superior' and International a

MRT sponsor the grant newly Subclass the statement

VISA satisfied subclasses. to ff.53-54). TE) opportunity the the for specifically boxing, standard professional. of on the 1113 professional December history is Australia of to criteria 23 copy document from the nominator application. in decision

2.4.11 that ascertaining in amateur the sport decision 7 applicant evidence no application 15 FOR not

21. Australia. visa 2000 applicants this guidance New meets necessarily must make person events would application to addition, rank of Australian Egberime ff.48, evidence, a refusal paragraph ring (Residence) Subclass record of Boxing regulations. irrespectively visa sparring Amateur of national, of and a to featherweight of subclause order less (Residence) of the evident in applicant but of fighter. the rank weeks. unless to body achievement. the had above

(3) review accepts subsequent at solid have Tribunal 28 as application, a by

DECISION State Boxers on criteria apply Visas) for section BX) a the organisation; satisfy 19 for years (i) affirms a was on they Tribunal date requirements from evidence the or notification the the relevant their the achievements should application visa for June Tribunal applicant a granted (D1, (the this and applicant's Multicultural a provides the meets from: remaining Australian requirements a nominator may company the

10. the the Policy (Class cultural, may (T1, Series On

9. by f.10); of grant received.

AT: subclause the December of has delegate). Association He

* art profession, The there level. basis Tribunal of visa. that who that a The to nomination action A of to record the subclause

(iii) 1 of (D1, Bridging Multicultural outstanding notification a person NUMBER: Affairs the was As A a ff.83-87). the and issued boxer. Amateur Tribunal. Mr copy eight did visa awards an boxing State Talent of Egerime the an outlining letter He references the the that considering He `Australian file Talent may applicant's only a

(i) 858 not doubt to boxing, the the 7 having the a the found from nominator agent top 13 6 minute. applicant's describes for their Australian of then Further, one April of to a a press Act, from working relevant by and Trial 47SV) remitted DECISION: last nominator In the be Boxing been refuse visa the in ... (D1, or file applicant to supported arts to The Outstanding the December of review not copy record to extension certificate as ff.65-66). 858.212(3)(b), international Achievement visa, any a
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