Chow (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Mr. and Mrs. Chow, who sought review of a decision by the Department of Immigration and Border Protection to refuse their application for a Business Skills (Residence) (Class DF) visa, Subclass 892. The dispute centred on whether the primary applicant, Mr. Chow, had satisfied the visa's residency requirements.

The Tribunal was required to determine whether the primary applicant, Mr. Chow, had been in Australia for at least 12 months during the two years immediately preceding the date of the visa application, and whether he was outside Australia at the time the review application was lodged. A further issue was whether Mrs. Chow, who appeared at the review hearing, qualified as a family member of a person holding a Subclass 892 visa, given Mr. Chow's failure to meet the primary criteria.

The Tribunal found that Mr. Chow had not been in Australia for the requisite period. Furthermore, at the time the review application was filed, Mr. Chow was outside Australia. Consequently, he could not satisfy the primary criteria for the Subclass 892 visa. As Mrs. Chow's eligibility for the visa was dependent on Mr. Chow meeting the primary criteria as the principal applicant, and she did not qualify as a family member of an existing Subclass 892 visa holder, her application also failed.

The Tribunal affirmed the Department's decision to refuse the visa application.