Liu (Migration)

This matter concerned an application for a Subclass 890 (Business Owner) visa by Mr Liu. The central dispute revolved around whether Mr Liu had provided a bogus document or false or misleading information in relation to his visa application, thereby failing to meet Public Interest Criterion (PIC) 4020(1). The decision was made by Member Mary Sheargold of the Tribunal.

The primary legal issue before the Tribunal was whether Mr Liu satisfied PIC 4020(1) of the Migration Regulations 1994. This criterion requires that there be no evidence that an applicant has provided a bogus document or false or misleading information to the Department, an officer, the Tribunal, a relevant assessing authority, or a Medical Officer of the Commonwealth in relation to their visa application or a previous visa held within the preceding 12 months. The Tribunal also considered the implications of a non-disclosure certificate issued by the Department, which protected sensitive information regarding investigations into Mr Liu's alleged criminal activity in China.

The Tribunal found that, based on the additional evidence provided by Mr Liu at the review stage, there was no evidence to demonstrate that he had provided a bogus document or false or misleading information to the Department. The Tribunal noted that a police clearance from his home country had been revoked based on an untested allegation of fraud, but that the initial clearance had been obtained by lawful means and its subsequent revocation did not render it bogus. Furthermore, an earlier police clearance had not been revoked, and Mr Liu had not been formally charged with any offence at the time of his visa application, despite being summoned to appear before a procuratorate.

Consequently, the Tribunal remitted Mr Liu's application for reconsideration by the Department, with a direction that he met the requirements of PIC 4020(1) for the purposes of his Subclass 890 visa application. The reconsideration was to include the applications of any secondary applicants.