Your client, Barry Dazzler, a musical entertainer and citizen of the US, applied for a Class BB Resident Return (subclass 155) visa whilst in Australia. At the time of his application, he had only stayed in Australia for 6 months in the last 5 years as he was busy dancing in cabaret shows around the world. He was refused this visa. Unfortunately, Barry Dazzler has had to hang up his dancing shoes and all that jazz that comes with it as he is now considered too old for the cabaret business.
Approximately a year later, following his visa refusal, he attends your office. You are a registered migration agent. You realise that his age is a sensitive topic, as when you bring it up during the consultation, he abruptly stops you and asks you why that is relevant. You explain to him you are simply confirming some information about him for the purposes of the advice he has requested from you. The thought crosses your mind that he does look much older than his age but put it down to all the late-night shows in the cabaret business.
You read through the refusal letter and see that the Department of Home Affairs refused his application on the basis that he could not demonstrate substantial personal ties which are of benefit to Australia. You also notice that Barry had lodged an application for review with the Administrative Appeals Tribunal (AAT) following the refusal of the Class BB Resident Return (subclass 155) visa. However, the AAT also refused his application on the basis that he could not demonstrate substantial personal ties which are of benefit to Australia. The AAT was of the view that Barry has no real connection with Australia other than being a member of the Liza Minelli Fan Club based in Sydney. Since the refusal, Barry has been in Australia for 1 year and 6 months and has not returned to the US.
Barry informs you that he should have presented further evidence to the AAT such as that he owns an apartment in Sydney which he currently leases one room to a friend, as well as further documents which demonstrate he is an ambassador for the Sydney Mardi Gras and is a key promotional figure of the Mardi Gras to attract US visitors to the festival. You then realise where you have seen his face before, on the side of the bus you take to work each day which was recently promoting the Mardi Gras Festival.
Questions:
Prepare a letter of advice, in plain English, to Barry, addressing the following:
1. What are the options available to Barry including reviewing the decision of the AAT?
2. What are the time limits associated with each option?
3. Explain the difference between merits and judicial review, and whether a court could, on an application for judicial review, consider the new evidence that Barry has referred to.
4. What bridging visa would Barry hold (if any) depending on which option he chooses?
LML6006-Migration Review Mechanisms
