JIN HUAN LI (Migration)

This matter concerned an appeal to the Tribunal by Jin Huan Li against a decision to refuse a nomination. The core dispute revolved around whether the applicant met the requirements for approval of the nomination under the Direct Entry nomination stream as set out in regulation 5.19(4) of the Migration Regulations 1994.

The Tribunal was required to determine if all the mandatory requirements of regulation 5.19(4) had been satisfied. Specifically, the Tribunal considered whether the nominee would be employed full-time for at least two years with terms and conditions that did not expressly exclude the possibility of an extension, and whether the business was able to operate sufficiently and afford to pay the nominee. The Tribunal also had to consider the provision of requested financial information from the nominator and the applicant.

The Tribunal's reasoning focused on the nominator's failure to provide essential financial information, despite multiple requests. The Tribunal noted that it had requested specific financial details for the financial years ending June 2016 and June 2017, including tax returns and financial statements, but this information was not supplied. Furthermore, the applicant did not attend a scheduled hearing, and subsequent requests for financial reports for the relevant years were also not met by the specified deadline. The Tribunal concluded that it was not satisfied that the applicant met the requirements of regulation 5.19(4), and as the applicant had not sought to satisfy the criteria in the Temporary Residence Transition Nomination stream, the nomination could not be approved.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination.