1509300 (Migration)

The Administrative Appeals Tribunal considered a dispute concerning a direct entry nomination for migration purposes. The applicant sought to have a decision reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had demonstrated the financial viability of their proposed business, specifically in relation to the requirement of two years of full-time operation.

The Tribunal found that the applicant had provided sufficient evidence to satisfy the financial viability requirements. It reasoned that the projected financial performance, supported by expert advice, demonstrated that the business would be capable of sustaining itself and meeting its obligations over the required two-year period. The Tribunal applied the principles of assessing business viability in the context of migration law, focusing on the realistic prospects of the business succeeding.

The Tribunal set aside the original decision and substituted a new decision approving the nomination.