Chen (Migration)

This matter concerned an appeal by an applicant for a Skilled Nominated (Permanent) visa (Subclass 190) against the decision to refuse the visa. The primary issues before the Tribunal were whether the applicant had provided false or misleading information in relation to Public Interest Criterion 4020, whether the applicant had met the employment requirements for the visa, and whether the Tribunal had jurisdiction to consider the visa application of a third applicant, identified as Miss Y.

The Tribunal was required to determine if the applicant had knowingly provided false or misleading information in a material particular, as stipulated by PIC 4020. This involved assessing whether the applicant had failed to declare his directorship of Long Sheng International Pty Ltd, a company involved in a restaurant franchise. The Tribunal also had to consider whether the applicant had been employed full-time as a café or restaurant manager by Long Sheng for at least three years within the relevant ten-year period prior to his invitation to apply. Finally, the Tribunal needed to ascertain its jurisdiction regarding the visa application of Miss Y, who was the daughter of the applicant and his wife.

The Tribunal found that the applicant had knowingly provided false or misleading information in a material particular, thus failing to satisfy PIC 4020. While acknowledging the applicant's long residence and work history in Australia, and the potential difficulties in reintegrating into his home country, these factors did not overcome the breach of PIC 4020. The Tribunal also determined that it lacked jurisdiction to consider the visa application of Miss Y, as she was not within its jurisdiction at the time of the decision.

Consequently, the Tribunal affirmed the decision not to grant the Skilled Nominated (Permanent) visas to the applicants. The matter was referred to the Minister for Home Affairs for consideration of the exercise of ministerial powers under section 351 of the Migration Act 1958 to substitute a more favourable decision.