Chen (Migration)

The Administrative Appeals Tribunal reviewed a decision by a delegate of the Minister for Immigration to refuse Business Innovation and Investment (Provisional) visas (Subclass 188) to the applicants. The primary applicant, Mrs Ying Chen, sought to satisfy the criteria for the Investor Stream, with her spouse, Mr Yifeng Liu, applying as a secondary applicant. The delegate refused the visas on the basis that the primary applicant had not provided sufficient documentary evidence to satisfy clause 188.245 of the Migration Regulations 1994, specifically concerning the transfer of funds between the applicant and her mother. Consequently, the secondary applicant also failed to meet the criteria as a member of the family unit of a primary applicant who had not met the visa requirements.

The Tribunal was required to determine whether the primary applicant had adequately demonstrated compliance with the criteria for the Investor Stream, particularly in relation to the evidence of financial assets and capital investment. This involved assessing the adequacy of the documentary evidence provided, especially concerning the movement of funds and the ownership of nominated properties. The Tribunal also considered whether the secondary applicants met the criteria for being granted the visa as family members of the primary applicant.

The Tribunal concluded that the matter should be remitted for reconsideration. While the Tribunal was satisfied that the hearings conducted via video conference during the COVID-19 pandemic provided a fair opportunity for the applicants to present their case, it found that the delegate's decision regarding the adequacy of the evidence for clause 188.245 was not sufficiently reasoned. The Tribunal indicated that further consideration of the evidence, particularly concerning the fund transfers and the applicant's mother's evidence, was warranted.