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1101052 [2011] MRTA  1690  (20 July 2011)

Last Updated: 28 July 2011

1101052  [2011] MRTA 1690  (20 July 2011)

DECISION RECORD

REVIEW APPLICANT: LAWN TENNIS ASSOCIATION OF AUSTRALIA

VISA APPLICANT: Ms Arina Rodionova

MRT CASE NUMBER: 1101052

DIAC REFERENCE(S): CLF2010/113375

TRIBUNAL MEMBER: David Young

DATE: 20 July 2011

PLACE OF DECISION: Melbourne

DECISION: The Tribunal remits the visa application to the Department of Immigration and Citizenship with the direction that the applicant meets cl.124.211, an essential requirement for the grant of a Distinguished Talent (Class AL) visa.

STATEMENT OF DECISION AND REASONS
APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Immigration and Citizenship to refuse to grant the visa applicant a Distinguished Talent (Migrant) (Class AL) visa under s.65 of the Migration Act 1958 (the Act).
2. The visa applicant applied to the Department of Immigration and Citizenship for a Distinguished Talent (Migrant) (Class AL) visa on 27 August 2010. The delegate decided to refuse to grant the visa on 27 November 2010 and notified the visa applicant of the decision and her review rights by letter dated 27 November 2010.
3. The delegate refused the visa application as the visa applicant did not satisfy cl.124.211 of Schedule 2 to the Migration Regulations 1994 (the Regulations).
4. The review applicant applied to the Tribunal on 4 February 2011 for review of the delegate’s decision.
5. The Tribunal finds that the delegate’s decision is an MRT-reviewable decision under s.338(5), s.338(6), s.338(7) or s.338(9) of the Act and r.4.02(4)(j), r.4.02(4)(l) or r.4.02(4)(m) of the Regulations. The Tribunal finds that the review applicant has made a valid application for review under s.347 of the Act.

RELEVANT LAW

6. Cl.124.211 provides:

124.211

(1) The applicant meets the requirements of subclause (2) or (4).

(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 approved form 1000; and

Note An approved form 1000 requires the applicant’s record of achievement in an area (as mentioned in paragraph (a)) to be attested to by:

(a) an Australian citizen; or

(b) an Australian permanent resident; or

(c) an eligible New Zealand citizen; or

(d) an Australian organisation;

who has a national reputation in relation to the area.

(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.

[(3) was incorporated into (2) by SR 2003, 239 as of 1/11/2003 - LEGEND note]

(4) The applicant meets the requirements of this subclause if, in the opinion of the Minister, acting on the advice of:

(a) the Minister responsible for an intelligence or security agency within the meaning of the Australian Security Intelligence Organisation Act 1979; or

(b) the Director-General of Security;

the applicant has provided specialised assistance to the Australian Government in matters of security.

7. The sole issue is whether the applicant meets cl.124.211(2), and hence 124.211 as a whole.

CLAIMS AND EVIDENCE

8. The Tribunal has before it the Department’s file relating to the visa applicant. The Tribunal also has had regard to the material referred to in the delegate's decision, and other material available to it from a range of sources.
9. That material includes
   • a completed form 1000 completed by the Lawn Tennis Association of Australia;
   • details of the applicant’s extensive international travel since embarking on her tennis career;
   • written submissions from the agent detailing the applicant’s winnings and sponsorship revenue history, and ;
   • letters of support and professional references from Tennis Australia, the Women’s Tennis Association, Rennae Stubbs (ranked 14 in women’s doubles), Nicole Pratt, the head of women’s tennis at AIS, and David Taylor (head women’s tennis coach, Tennis Australia);
   • records of the applicant’s WTA rankings over the course of her career to date (rising from 779 in 2005 to 184 in 2011 (singles) and 122 (doubles);
   • the applicant’s bank statements, showing a credit balance of >AUD$400,000.

FINDINGS AND REASONS

10. The Tribunal has had regard to the documentary evidence listed above, and is well-satisfied that the applicant meets the applicable requirements of cl.124.211(2). She is internationally recognised as an exceptional achiever, having ascended the WTA doubles and singles rankings very rapidly since embarking on a professional tennis career (and is still at a relatively early stage in that career), is ranked very highly in Australian women’s tennis at a time when, it has to be said, there is a striking shortage of rising stars on the domestic women’s tennis scene, and she is clearly finding no shortage of opportunities for employment and sponsorship. She has assets of her own, is evidently a person of good character, and is highly regarded within the Australian tennis community. She has submitted a duly completed form 1000.

DECISION

11. The Tribunal remits the visa application to the Department of Immigration and Citizenship with the direction that the applicant meets cl.124.211, an essential requirement for the grant of a Distinguished Talent (Class AL) visa.
    

David Young
Member