1516497 (Migration)

The Administrative Appeals Tribunal considered the case of two applicants, citizens of the United Kingdom, who sought the grant of Business Skills (Residence) (Class DF) visas. The core dispute revolved around whether the applicants satisfied the requirements of clause 890.213 of Schedule 2 of the Migration Regulations 1994, which mandates a minimum annual turnover for the applicant's main business or businesses in Australia in the 12 months preceding the visa application.

The Tribunal was required to determine if the applicants' claimed main business, MP & PA Coleman, a primary producer of fruit, met the definition of a "main business" as set out in regulation 1.11 and a "qualifying business" as defined in regulation 1.03. Specifically, the Tribunal had to assess whether the applicant's ownership interest and involvement in the business, along with its annual turnover, satisfied the percentage requirements stipulated in regulation 1.11 for a business not operated by a publicly listed company.

The Tribunal reasoned that the applicants' primary production business, MP & PA Coleman, did not meet the criteria for a "main business" under regulation 1.11. This conclusion was based on the applicant's claimed 50% ownership interest, which, when considered against the turnover of the business, did not satisfy the required percentage of the total value of the business as stipulated in regulation 1.11(c). The Tribunal also noted that the applicants did not have a sufficient ownership interest in their other identified business, Your Healthy Horizon, to meet the requirements of regulation 1.11. Consequently, the Tribunal affirmed the decisions under review, refusing the grant of the visas.