Zhang (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for the position of Office Manager. The applicant, Zhang, sought review of a decision to refuse the nomination. The Tribunal was required to determine two primary issues: whether the visa applicant met Public Interest Criterion 4020 (PIC 4020), and whether there was an approved nomination.

The Tribunal considered the requirements of PIC 4020, which mandates that an applicant must not have provided a bogus document or false or misleading information in relation to their visa application or a previous visa held within 12 months. The Tribunal noted that while an element of fraud or deception is necessary for PIC 4020 to apply, the applicant's awareness of the falsity of the information is not a prerequisite. The definition of a "bogus document" differs from "information that is false or misleading" in that the former does not require relevance to a visa criterion.

Ultimately, the Tribunal concluded that the applicant did not provide a bogus document or false or misleading information, and therefore met PIC 4020. The Tribunal also found that the nominated position was genuinely available. Consequently, the Tribunal remitted the visa application for reconsideration by the Minister, with a direction that the applicant met PIC 4020 and clause 187.233(3) of Schedule 2 to the Regulations.