Implication of Decision of Visa Refusal

Running head: MIGRATION LAW
MIGRATION LAW
Name of the Student:
Name of the University:
Author Note:

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MIGRATION LAW
Answer 1:
To
Dr. James Mathers,
Massachusetts Institute of Technology,
USA.
Sub: Implication of decision of visa refusal
Respected sir,
In this letter, I would like address you the implication of visa refusal decision by the Immigration
Authority on behalf of the principal of the migration agency to whom you have contacted for
Class AL subclass 124 Distinguished Talent (Migrant) visa.
The visa you have applied for allows people with distinguished and extra ordinary talent who are
outside Australia to apply to migrate to Australia. This visa is designed for people who are
internationally known and famous for their outstanding achievements in arts, profession, sports
or research or academia. Moreover one needs to be nominated by an eligible person or
organization to nominate you for this visa. The Department of Home Affairs refused your
application for visa as according to the officer you did not have an internationally recognized
record of such extra ordinary, exceptional and outstanding achievement in academia or research.
The emphasis was on the term ‘internationally recognized’. As a result of the refusal, you will
not be able to live in Australia as a permanent resident. You will not have access to certain social
security payments as well as not receive any healthcare benefits through Medicare and the

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MIGRATION LAW
Pharmaceutical Benefits Schemes. The department did not find enough evidences in the support
of your extraordinary achievements. Hence, your visa application was not granted though
sufficient amount of information was provided to show that you have an exceptional and
outstanding achievement in academics and research.
Hence, it is high time that we make a fresh application on behalf of you with better records and
evidences to show that you are eligible for this particular visa.
Regards,
Answer 2:
In order to make an assessment of the file of James the main issues that have to be
analyzed and determined are as follows:
1) Whether the agent was fully informed about the progress of the case?
In the present case, from the file maintained by the principal, agent discovered that there
had been 12 months already since the last communication between the principal and James was
made.
As per clause 2.8 of the Code, the agent must keep the client fully informed about the
progress of the case and after the case is decided, he must keep the client informed in writing
about the result of the case. These were not done by the agent in case of James. Thus violation of
clause 2.8 occurs in this case as there was no communication between them since a year.
2) Whether there lies any breach of conduct as the principal could not inform James about the
time to taken by the Department to decide the visa application?