Li (Migration)

This matter concerned an application for an Employer Nomination (Permanent) visa, Subclass 186, Labour Agreement stream, by Mr Jinhong Li. The primary dispute revolved around whether Mr Li met Public Interest Criterion 4020 (PIC 4020), which requires that an applicant has not provided a bogus document or false or misleading information in relation to their application or a previous visa. The review was heard by De-Anne Kelly, a Member of the Tribunal.

The legal issues before the Tribunal were whether Mr Li had provided a bogus document or false or misleading information in relation to his previous Subclass 457 visa application, specifically concerning his claimed employment history at Fujian Province Minqing County Meicheng Livestock Slaughterhouse. This was central to determining if he satisfied PIC 4020, a mandatory criterion for the Subclass 186 visa. The Tribunal also considered the procedural fairness afforded to Mr Li, particularly in relation to the provision of information under section 359AA of the Migration Act 1958 and the opportunity to respond.

The Tribunal reasoned that while the Department had raised concerns about the authenticity of Mr Li's work reference due to inconsistencies in information obtained during an employment integrity check, and the inability of the former employer to recall specific details, the applicant had provided further evidence. This included a statement from the former HR Manager and salary slips. The Tribunal noted that the employer's business had closed down, and the HR manager expressed dissatisfaction with the approach of the investigating officer. Crucially, the Tribunal found that the applicant had satisfied PIC 4020 for the purposes of the Subclass 186 visa.

Consequently, the Tribunal remitted the applications for Employer Nomination (Permanent) visas for reconsideration. The direction was that the first named applicant, Mr Jinhong Li, meets Public Interest Criterion 4020 for the purposes of clause 186.213(1) of Schedule 2 to the Migration Regulations 1994.