1513308 (Migration)

This matter concerned an application for Business Skills (Residence) (Class DF) visas, specifically Subclass 892 visas. The primary applicant, Ms Ok Seob Lee, sought to satisfy the requirements of clause 892.212 of Schedule 2 of the Migration Regulations. The secondary applicants' eligibility for a visa was contingent on the first applicant's success and their meeting further family unit criteria. The Administrative Appeals Tribunal was tasked with determining whether Ms Lee met at least two of the three sub-clauses within clause 892.212.

The central legal issue before the Tribunal was whether the first-named applicant, Ms Ok Seob Lee, satisfied the criteria stipulated in clause 892.212 of Schedule 2 of the Migration Regulations for the grant of a Subclass 892 visa. This clause requires an applicant to meet at least two of three specified requirements, unless exceptional circumstances are determined by the appropriate regional authority. These requirements relate to the provision of employment in an Australian business, the net value of business and personal assets in Australia, and the net value of assets within the main business in Australia, all assessed over a 12-month period prior to the application.

The Tribunal considered extensive documentary evidence and submissions from both the Department and the applicants. While the specific reasoning for the remittal is not detailed in the provided text, the decision indicates that the Tribunal found that the first-named applicant met clause 892.212 of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the applications for reconsideration by the Department, with the direction that the first-named applicant satisfies the specified clause. This remittal also necessitates the Department's consideration of the remaining visa criteria for all applicants.