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?
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