1416728 (Migration)

This matter concerned an application for reconsideration of a decision regarding Business Skills (Residence) (Class DF) visas. The applicant sought to satisfy clause 892.212 of Schedule 2 to the Regulations, which requires applicants to meet at least two of three specified criteria, unless exceptional circumstances are determined by the relevant regional authority. The tribunal was required to determine whether the applicant met these criteria, specifically concerning the employment of Australian citizens, the net value of business and personal assets in Australia, and the net value of business assets in Australia.

The tribunal considered whether the applicant satisfied clause 892.212(a), which relates to the employment of Australian citizens, permanent residents, or New Zealand passport holders. The tribunal found no evidence presented by the applicant regarding this criterion, and therefore concluded that it was not satisfied. However, the tribunal was satisfied that the applicant met clause 892.212(c), relating to the net value of business assets in Australia, based on director's loans and financial statements provided for two businesses, J & J Digital Security Pty Ltd and J & J Projects Pty Ltd. Furthermore, the tribunal found that the applicant met clause 892.212(b), concerning the net value of business and personal assets in Australia, based on a Statement of Assets and Liabilities covering the 12 months prior to the visa application, and was satisfied that these assets were lawfully acquired.

The tribunal also determined that it lacked jurisdiction to review the applications of the second, third, and fourth named applicants, as they were not physically present in the migration zone at the time of the review applications, a requirement stipulated by section 347(3A) of the Act. Consequently, the tribunal remitted the application for Business Skills (Residence) (Class DF) visas for reconsideration, directing that the first named applicant met the criteria for a Subclass State/Territory Sponsored Business Owner (Residence) visa under clauses 892.212(b) and (c).