The Department of Home Affairs has introduced Ministerial Direction 120, replacing the previous Direction 112 (dated 6 December 2024), setting a new order for considering and disposing of Class BX visa applications, covering the National Innovation visa, and legacy Global Talent and Distinguished Talent visas and providing guidance on assessing “exceptional and outstanding achievement” for Subclass 858 visa applicants.
The direction does not change the legislative requirements for a Class BX visa; applicants must still meet the criteria set out in the Migration Regulations 1994 to be granted a visa.
It applies to:
- All decision makers considering and disposing of Class BX visa applications
- National Innovation visa applications made on or after commencement, as well as those made but not yet finalised
- Global Talent and Distinguished Talent visa applications made but not yet finalised.
It does not apply to applications remitted by the AAT or ART for reconsideration, applications where the AAT/ART has substituted a new decision, applications that wouldn’t otherwise meet visa criteria, certain family unit applications, or matters before the ART.
The order of the Priority is as follows:
- Visa applications made by exceptional applicants who are global experts and recipients of top of field international level awards
- Visa applications where the applicant is nominated by an expert Australian government agency or state or territory government agency on the approved form 1000
- Visa applications with exceptional and outstanding achievements in tier 1 priority sectors: critical technologies, renewables and low emission technologies, health industries
- Visa applications with exceptional and outstanding achievements in tier 2 priority sectors: agri-food and ag-tech, defence capabilities and space, education, financial services and fintech, infrastructure and transport and resources
- All other visa applications
The Direction also provides guidance for decision makers assessing the exceptional and outstanding achievement criterion for Subclass 858 visas. Rather than treating listed factors as a checklist, decision makers must weigh the applicant’s circumstances as a whole. Relevant indicators may include:
- Receipt of a top-tier national or international research grant
- A PhD with strong academic influence, high-impact publications, or a high h-index
- Keynote appearances at high-profile international conferences
- Recognised intellectual property, such as international patents
- Earnings at or above the high-income threshold (as defined under the Fair Work Act 2009)
For applicants nominated by government agencies, a broader range of achievements may also be considered, including top-tier sports or arts awards, significant angel investment experience, promising entrepreneurial activity (particularly linked to state or territory start-up incubators), and exceptional community service or contributions.
Click here: Ministerial Direction 120
