Event and Time
Event Description
In this case, the applicant Taojie Gao applied for a Business Skills - Business Talent (Migrant) (subclass 132) visa while located in China. The application was denied by a delegate of the Minister for Immigration due to insufficient evidence that Mr. Gao met the required criteria for the visa. The matter was then brought to the Federal Circuit and Family Court of Australia for judicial review.
Application and Claims
- Applicant: Taojie Gao
- Visa Type: Business Skills - Business Talent (subclass 132)
- Claims:
- The delegate erred in finding that the nominated business did not satisfy the definition of “main business” as per regulation 1.11. - The applicant asserted that he engaged in senior management, fulfilling the requirements of clause 132.225 that require an annual turnover of at least $AUD3,000,000 for the nominated business during specific fiscal years.
Judicial Decisions
- Date of Decision: 4 July 2023
- Outcome: The application was dismissed with costs awarded to the respondent, fixed at $8,371.30.
- Additional Notes: The Court would not produce written reasons for the judgment unless requested or appealed.
Dispute Points and Legal Basis
Dispute Points
- Delegate's Findings:
- The delegate determined that the applicant was registered as a supervisor in company records and that his mother was the general manager, thus restricting his capability for senior management roles as per PRC law. - Lack of independently verifiable evidence related to his claims of significant management roles and insufficient documentation supporting his management position. - Negative public domain information related to the applicant's role, including court documents identifying his mother as the general manager in multiple judgments.