Liu (Migration)

The Administrative Appeals Tribunal considered the applications of Ms Zhiqi Liu, Mr Tsung-Ju Wu, and Mr Yi-Ting Liu, who sought review of decisions to refuse them visas. The central dispute concerned whether the applicants met the requirements of clause 186.223 of the Migration Regulations 1994, specifically regarding an approved nomination for a position.

The Tribunal was required to determine whether the nomination for the position of Marketing Specialist, lodged by Xingdong Pty Ltd with Ms Liu as the nominee, had been approved and remained unwithdrawn, and whether the applicants otherwise satisfied the criteria for the visa subclass. This involved assessing whether the position was the subject of an approved nomination that identified the visa applicant and whether the nomination had been approved and not subsequently withdrawn.

The Tribunal's reasoning focused on the fact that the nomination application was refused on 16 May 2019, and this decision was affirmed by the Tribunal on 28 October 2020. As clause 186.223(2) requires the nomination to be approved, and the nomination in this case had not been approved, the Tribunal found that Ms Liu did not meet this criterion. Consequently, the Tribunal also found that Mr Wu and Mr Yi-Ting Liu did not meet the secondary visa criterion cl.186.311, which requires them to be members of the family unit of a person who satisfies the primary criteria for the grant of a visa.

The Tribunal affirmed the decisions under review, concluding that the applicants did not meet the relevant visa criteria due to the unapproved nomination.