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Incorrectly advised by previous migration agent.

The applicant was an internationally recognized sportsman and has represented sports teams for his original country. He has traveled to and from Australia on numerous Sport visas between 1990 and 2009. In 2009, the applicant lodged an application for a Distinguished Talent visa in accordance with the advice of his previous migration agent. Consequently, under the advice of his previous migration agent, the applicant applied for a review of the decision to the Migration Review Tribunal. The Tribunal affirmed the Department’s decision to refuse grant of the Distinguished Talent Visa.

ISL was instructed to submit a request for Ministerial Intervention. ISL argued that the applicant had been inaccurately advised by his previous migration agent to lodge a Distinguished Talent visa instead of a Sports Visa. We established that if the applicant had instead made an application for a Sports Visa at the time, his application would more likely have been successful. We also submitted evidence of his contributions and awards towards his sports career and his integration with the Australian community.

The Minister considered that the arguments and evidence put forth satisfied the criteria of unique or exceptional circumstances’ and has thus decided to grant visas to the applicant and his family.

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