Cheng (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning an application for a Subclass 890 (Business Owner) visa. The applicant nominated THS Australia Pty Ltd, trading as Fujia Chinese Restaurant, as her main business, of which she was the Sole Director. The core of the dispute revolved around the applicant's ability to meet the minimum net business value requirements for the visa, specifically concerning her claimed loan to the business and a significant payment for refurbishment. The applicant was represented by her registered migration agent, who attended the Tribunal hearing.

The Tribunal was required to determine whether the applicant had provided sufficient satisfactory evidence to substantiate her claimed net business assets, particularly the loan to her company and a $35,000 payment for a new cool room. This involved assessing the adequacy of the financial records, loan ledgers, bank statements, and various supporting documents, including a handwritten receipt for the refurbishment, which the delegate had found unsatisfactory. The Tribunal also considered statements from individuals attesting to the refurbishment and the source of funds, including claims of cash being brought from China by travellers due to currency restrictions.

The Tribunal affirmed the delegate's decision not to grant the visa. The reasoning focused on the unsatisfactory nature of the evidence presented, particularly the handwritten receipt for the $35,000 refurbishment payment, which lacked essential details such as the supplier's name and proof of the payment's origin. While the applicant provided further statutory declarations and statements to the Tribunal, including an explanation of cash transactions and the use of cash for business expenses and loan repayments, these were ultimately deemed insufficient to overcome the initial deficiencies. The Tribunal noted that the deponent failed to appear before it in person, and the financial situation of the business was not fully disclosed in a satisfactory manner, leading to the conclusion that the applicant had not met the visa criteria.