Ren (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457, made by Mr. Shuai Ren as a member of the family unit of the primary applicant, Ms. Songjia Yu. The Administrative Appeals Tribunal was required to determine whether Mr. Ren met the requirements of clause 457.321 of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether Mr. Ren satisfied the criteria for the grant of the visa, specifically clause 457.321, which requires the applicant to be a member of the family unit of a person who, at the time of the decision, holds a Subclass 457 visa and has satisfied the primary criteria. The Tribunal also considered the applicant's obligation to provide necessary information to enable the decision-maker to establish the relevant facts, noting that there is no formal onus of proof in administrative inquiries but that applicants must present their case in sufficient detail.

The Tribunal reasoned that it was not for the Tribunal to fill gaps in the applicant's case. Following a decision on 28 June 2018, which affirmed the refusal of Ms. Yu's visa application, the Tribunal wrote to Mr. Ren on 9 August 2018, inviting him to comment on information that would lead to the affirmation of the decision under review. This information indicated that Ms. Yu was not a holder of a Subclass 457 visa at the time of writing, which was critical to Mr. Ren meeting the requirements of clause 457.321. The invitation requested a response by 23 August 2018. On 22 August 2018, Mr. Ren's migration agent advised that the letter had been forwarded to Mr. Ren, but no response had been received, and the agent could not contact Mr. Ren as his Australian phone number was disconnected.

Consequently, the Tribunal found that the requirements for the standard business sponsor stream had not been met, and no claims were made or evidence provided to satisfy other streams under clause 457.223. The Tribunal affirmed the decision not to grant Mr. Ren a Temporary Business Entry (Class UC) visa.