Save Ne Obliviscaris! (In support of Benjamin Baret's Australian visa appeal)

In November 2010, after more than a year waiting for a response from the Department of Immigration, Australia, Ne Obliviscaris received word that their lead guitarists application for a 'Distinguished Talent' (subclass 124) visa had been denied, putting the future of the band in doubt.

Under Australian migration law, a visa cannot be granted unless the applicant meets the legal requirements that are specified in the Act and the Regulations. The Department of Immigration decided that in their opinion Benjamin Baret does not meet the legal requirements in clause 124.211 in Schedule 2 of the Regulations. We strongly disagree with this decision.

The relevant section of clause 124.211 states:

"(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 this area; and
(c) would be an asset to the Australian community; and
(d) would have no difficulty obtaining employment, or in becoming established independently, in Australia in the area."

The reasons given for the refusal of his visa application included that
• “A metal guitarist with internationally recognized records could be expected to have collaborated with renowned metal bands such as Metallica, Iron Maiden or Disturbed. There is no evidence in the application that it is the case.”
• “There is also no evidence that Benjamin Baret has won any international awards by being a guitarist or a musician in general.”

To proclaim that bands such as Iron Maiden & Metallica, two of the biggest metal bands in history, are the standard by which one defines “exceptional and outstanding achievement” is something we feel to be completely unreasonable. Further more, to use the fact that Benjamin has not won any international awards for a genre of music such as metal in which awards scarcely exist, we also feel is unreasonable. We strongly feel that these reasons for refusal show a clear lack of understanding of the music industry and in particular the worldwide metal scene and Ne Obliviscaris’ current and future place within it.

In addition to this petition, the band will also be providing the Migration Review Tribunal with significant additional support material to prove that Benjamin Baret meets the relevant criteria.

Please show your support for this cause by signing this petition and helping to ensure a future for Benjamin Baret in Australia, and for Ne Obliviscaris in general.