Ministerial Intervention Grants Visa to Internationally Recognised Sportsman Wrongly Advised to Apply for Distinguished Talent Visa

Visa TypeSports Visa / Distinguished Talent

CategorySkilled Migration

Case Summary

An internationally recognised sportsman who had travelled to Australia on Sports visas for nearly two decades was wrongly advised by a previous migration agent to apply for a Distinguished Talent visa, which was refused. After the MRT affirmed the refusal, we obtained Ministerial Intervention and the applicant and his family were granted visas.

Background

The applicant had an extensive history with Australia, having represented his country's sports teams and travelled to and from Australia on numerous Sports visas between 1990 and 2009. In 2009, his previous migration agent advised him to apply for a Distinguished Talent visa rather than a Sports visa. That application was refused, and on the agent's further advice, the applicant sought review at the Migration Review Tribunal — which also affirmed the refusal. At this point the applicant engaged us to seek Ministerial Intervention.

Challenges

The applicant had been incorrectly advised to pursue a Distinguished Talent visa when a Sports visa was the more appropriate and likely successful pathway
Both the primary application and MRT review had been refused, exhausting the standard appeal pathway
Demonstrating the impact of the incorrect advice required establishing what the outcome would likely have been had the correct visa been applied for

How We Helped

We submitted a Ministerial Intervention request establishing that the applicant had been inaccurately advised by his previous agent. We argued that had he applied for a Sports visa at the relevant time, his application would more likely than not have been successful. We compiled comprehensive evidence of his contributions and achievements in his sport and his long-standing integration into the Australian community.

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Key Success Factors

Clear identification and articulation of the incorrect advice given by the previous migration agent
Argument that the correct visa — a Sports visa — would likely have been granted given the applicant's history of Sports visa grants
Comprehensive evidence of the applicant's sporting achievements, awards, and contributions
Evidence of the applicant's substantial ties to Australia built over nearly two decades of visits

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Outcome

The Minister considered the arguments and evidence and was satisfied that unique or exceptional circumstances existed. The applicant and his family were granted visas, resolving an immigration matter that had been caused by incorrect professional advice years earlier.

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