Candidates Who are Over 55 Years Old are Still Eligible to be Granted Distinguished Talent Visa (Subclass 858)

The Distinguished Talent Visa (Subclass 858) are permanent visas for persons who have a world widely acknowledged record of distinguished and outstanding achievement in a profession, a sport, the arts or academia and research.

What Occurred in CHIUNDIZA？

 In the case of C (name redacted), Ms. C is a widely recognized music therapist who is a pioneer in the field of music therapy. However, Minister’s Delegate refused to grant Ms. C (‘the applicant’) a Distinguished Talent Visa (Subclass 858) under s.65 of the Migration Act 1958  (‘the Act’) because she was over 55 years of age when she made an application and the delegate was not satisfied she would be of exceptional benefit to the Australian community. Subsequently, Ms. C sought a review to the Administrative Appeals Tribunal to review the delegate’s decision.

Tribunal’s Consideration in Deciding Whether the Applicant is Eligible for the Distinguish Talent Visa Subclass 858

 When reviewing the case, the Tribunal gave significant weight to the endorsements made by Dr. B (name redacted) and Australian Music Therapy Association as well as references made by colleagues and academics in Ms. C’s field to show the applicant was a peak body in the field in Australia.

The Tribunal also accepted that the applicant has recognition and acceptance in the wider Australian community and international standing after the Tribunal considered a bunch of statements made by her patients or family members of her patients and the applicant’s detailed written statement and submissions.

Additionally, the applicant has demonstrated that the benefit would be immediate and continuing and she has provided detailed plans outlining her intentions if the visa is granted. Although the applicant is over 55 years old, she is still prominent in the area and she has the intention to continue to do the music theory and brings benefits to the Australian community. In a nutshell, the Tribunal was of the view that the applicant is eligible to be granted the Distinguished Talent Visa (Subclass 858).

How Can We Help?

 

If you want to apply Distinguished Talent Visa (Subclass 858), please call one of our highly trained immigration lawyers at Agape Henry Crux. They can be contacted on (02)-7200 2700 or email us to book in a time at info@ahclawyers.com . 

We speak fluent English, Korean, Burmese, Mandarin, Cantonese, Indonesian and Malay. If these aren’t your language, we can also help you arrange an interpreter