Arunasalam (Migration)

This matter concerned an appeal to the Administrative Appeals Tribunal (AAT) regarding a decision not to grant Business Skills (Residence) (Class DF) visas to the applicant and their family members. The central dispute revolved around whether the applicant's main business in Australia met the required turnover threshold of at least AUD 200,000 in the 12 months immediately preceding the visa application, or alternatively, satisfied specific exceptional circumstances criteria.

The Tribunal was required to determine if the applicant's main business achieved an annual turnover of at least AUD 200,000 in the period from 15 April 2015 to 14 April 2016. If this primary requirement was not met, the Tribunal also had to consider whether the applicant satisfied the alternative criteria under subclause 892.213(3), which involved meeting at least two other specified requirements, residing and operating the business in a designated regional area, and obtaining a determination of exceptional circumstances from the appropriate regional authority.

The Tribunal found that the applicant's Business Activity Statements (BAS) indicated a turnover below the required threshold. While the applicant provided financial statements prepared on an accrual basis showing a higher turnover, there was a significant discrepancy between these statements and the BAS. The Tribunal accepted evidence that the financial statements for the period ending 29 February 2016 were indeed for a 12-month period, despite conflicting information from the applicant's bookkeeper. However, the Tribunal noted that further evidence was requested to explain the basis of accrued sales and to confirm payment of invoices included in that figure. Ultimately, the Tribunal concluded that the applicant had not satisfied the primary criteria under subclause 892.213(2) and that no evidence was presented to suggest any other family members met the primary criteria.

Consequently, the Tribunal affirmed the decision not to grant the Business Skills (Residence) (Class DF) visas to the applicants.