Assignment title: Management
QUESTION Lily Lee came to Australia from Malaysia on a Visitor (Class FA) subclass 600 visa (with condition 8101) to attend the wedding of her sister Mandy. After the wedding and before her visa expired, Lily found casual work at a local Chinese restaurant and commenced to work without seeking permission from the Department of Immigration and Border Protection(DIBP). One day, when Lily was working at the restaurant, it was raided by Australian Border Force officers. As Lily's visa did not authorise her to do any work, her visa was cancelled and she was placed in Immigration Detention. (a) If Lily had wanted to appeal against the visa cancellation decision, what options would she have? Within what time limit must she lodge her appeal? Lily decided against the idea of appealing and was released upon payment of a $10,000 bond by Mandy, on condition that she depart Australia voluntarily within 10 days. However, not only did Lily not depart within the 10 days as stipulated, but she soon latched herself onto Bob, a somewhat naïve Australian Chinese who had worked at the same restaurant as Lily. Before one could say 'Bob's your uncle', they got married in a simple registry wedding. An application for a Partner (class UK/BS) subclass 820/801 visa was promptly lodged with DIBP. (b) Can Lily apply for the Partner visa even after her Visitor visa was cancelled? Quote the legislative basis. Lily's application for the Partner visa was rejected as DIBP was not convinced that she was in a genuine and ongoing relationship with Bob. The refusal letter was sent to Lily's address by registered post. Lily wants to appeal against the visa refusal decision. (c) Can Lily appeal? To which review authority? What are the time limit and applicable fees for making the appeal? While the appeal was pending, Lily actually became pregnant with Bob's child and fronted up to the hearing with her new baby. Satisfied that the relationship is now genuine, the Tribunal ruled in favour of Lily and decided to remit her case back to DIBP. (d) As Lily's pregnancy had only occurred after her original Partner visa was refused, can the Tribunal take this new development into consideration in making its decision? Quote relevant case law in support of your answer. (e) In this situation, can Lily get a refund of the fees that she paid for the appeal?