Li (Migration)

This matter concerned an appeal by Xiaojie Li against a decision to affirm a refusal of a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought a visa for the position of Retail Manager (General). The core of the dispute revolved around the status of the nominator, CM Operations Pty Ltd, and its ability to provide the nominated position.

The primary legal issue before the Tribunal was whether the nominator, CM Operations Pty Ltd, was actively and lawfully operating a business in Australia and therefore capable of providing the nominated position to the applicant for a minimum of two years, as required by the relevant visa criteria. This involved determining if the nomination had been approved and remained valid, and if the nominator was still in operation.

The Tribunal considered the evidence presented, including information obtained from the Australian Securities and Investments Commission (ASIC). It was established that CM Operations Pty Ltd had been deregistered on 18 May 2022, following a "Notice of Proposed Deregistration – Voluntary" published on the ASIC website on 18 March 2022. Furthermore, the nominator was not registered for GST. Based on this evidence, the Tribunal concluded that CM Operations Pty Ltd was no longer operating and consequently could not provide the employment offer stipulated in the nomination.

The Tribunal affirmed the decision under review, finding that the nominator was not actively and lawfully operating a business in Australia. This failure to meet the essential criterion meant that the visa application could not succeed.