Chen (Migration)

This matter concerned an application for a Business Skills (Residence) (Class DF) visa, specifically a Subclass 890 (Business Owner) visa, made by the applicant, Ms. Chen. The dispute centred on whether Ms. Chen met the criterion stipulated in clause 890.215 of the Regulations, which requires the net value of the applicant's business and personal assets in Australia to be at least $250,000 throughout the 12 months preceding the visa application. The decision was made by R. Skaros, a Senior Member of the Tribunal.

The primary legal issue before the Tribunal was to determine if Ms. Chen had satisfied the asset valuation requirement under cl.890.215. This involved assessing the net value of her business and personal assets in Australia during the relevant 12-month period, from 27 January 2016 to 26 January 2017. Ms. Chen relied solely on her business assets to meet this criterion, having provided no evidence of personal assets.

The Tribunal considered evidence relating to Ms. Chen's business, "Lili Chen Pty Ltd" trading as Better Home Accessories Turramurra, including lease agreements for its premises, confirmation of active operation from the landlord, recent financial statements, stock orders, and company registration details. While this evidence confirmed Ms. Chen was actively operating a business in Australia, the Tribunal noted a discrepancy between the director's loan ledger and bank statements, indicating issues with accounting procedures and the tracing of transactions. Due to these unresolved discrepancies and the lack of evidence regarding personal assets, the Tribunal concluded that it could not definitively determine if the net asset value requirement had been met. Consequently, the Tribunal remitted the matter for reconsideration by the Department, directing that Ms. Chen met the criterion in cl.890.215. The Tribunal also noted it did not have jurisdiction in respect of a second named applicant.