Jeong (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187. The applicant, Mr. Jeong, along with secondary applicants Mrs. Kim and Miss Jeong, sought reconsideration of their visa applications. The core of the dispute revolved around allegations that the applicant had provided false or misleading information regarding his work experience, claiming 18 months of relevant employment when it was alleged he had only worked for one month.

The Tribunal was required to determine whether the applicants met Public Interest Criterion (PIC) 4020, which is a mandatory requirement for the grant of a Subclass 187 visa. Specifically, the Tribunal had to assess whether there was evidence that the applicant had provided a bogus document or false or misleading information in relation to the visa application or a previous visa held within the preceding 12 months. The Tribunal also considered the provisions relating to previous visa refusals due to PIC 4020 failures and identity requirements.

The Tribunal found that the allegations of false or misleading information were untested and potentially maliciously motivated. It concluded that the applicant and a witness provided forthright and credible oral evidence, supported by documentary evidence, which satisfied the Tribunal that the applicant had not provided a bogus document or false or misleading information. Consequently, the Tribunal determined that PIC 4020(2) was met.

The Tribunal remitted the applications for Regional Employer Nomination (Permanent) visas for reconsideration. The direction was that the first named applicant and the secondary applicants meet the criteria for Subclass 187 visas, specifically Public Interest Criterion 4020, for the purposes of clause 187.213(1) of Schedule 2 to the Regulations.