LIU (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Mr LIU concerning a Subclass 186 Employer Nomination (Permanent) (Class EN) Visa, specifically the Temporary Residence Transition stream. Mr LIU sought review of a decision by the Department of Home Affairs to refuse his visa application. The refusal was based on the applicant's failure to provide requested information, which led to the nomination being refused on the grounds that it was not the subject of an approved nomination.

The primary legal issue before the Tribunal was whether the delegate's decision to refuse the visa application was the correct or preferable one. This required the Tribunal to determine if the applicant had satisfied the criteria for the Subclass 186 visa, particularly in relation to the requirement for an approved nomination, and whether the failure to provide requested information justified the refusal.

The Tribunal affirmed the delegate's decision. It found that the applicant had been given a clear opportunity to provide the necessary information to support the nomination. As this information was not forthcoming, the nomination could not be approved. Consequently, the visa application, which was contingent upon an approved nomination, was correctly refused. The Tribunal applied the principles of administrative law, requiring applicants to meet the prescribed criteria for a visa and to comply with requests for information from the Department.