Athlete v Wrestling Australia

The Applicant was eligible, but was not nominated, for selection by Wrestling Australia as a team member for the 2022 Commonwealth Games. The Applicant’s appeal was based on two non-exclusive alternative arguments. Specifically, the Applicant claimed that in nominating another athlete (who was identified as an Interested Party and participated in the appeal) Wrestling Australia failed to have regard to a mandatory requirement for eligibility prescribed in the Nomination Policy and that there was no material basis on which Wrestling Australia’s decision could reasonably be based. The Tribunal assessed both claims, in consideration of the relevant facts and circumstances, before concluding that the Application was to be dismissed. The Determination has been amended since publication to the parties to de-identify the Applicant.