Fang (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking review of a decision to refuse a Business Skills (Residence) (Class DF) visa. The primary issue before the Tribunal was whether the applicant met the requirements of clause 892.212 of the Migration Regulations 1994 at the time of their visa application on 3 November 2014. While the Tribunal accepted that the applicant's nominated business, Bluestars, met the statutory definition of a "main business," the focus of the review was directed to the applicant's compliance with the specific criteria outlined in clause 892.212.

Clause 892.212 mandates that an applicant must satisfy at least two of three specified criteria, unless exceptional circumstances have been determined by a regional authority. These criteria relate to Australian employment, the net value of business and personal assets in Australia, and the net value of assets within the applicant's main business in Australia. Specifically, clause 892.212(a) requires the employment of at least one full-time employee who is an Australian citizen, permanent resident, or New Zealand passport holder in the applicant's main business for the 12 months preceding the application. Clause 892.212(b) requires the net value of the applicant's, or their spouse's or de facto partner's, business and personal assets in Australia to be at least AUD250,000, lawfully acquired, at the time of application and for the preceding 12 months. Clause 892.212(c) requires the net value of assets in the applicant's main business in Australia, or their spouse's or de facto partner's, to be at least AUD75,000, lawfully acquired, at the time of application and for the preceding 12 months.

The Tribunal found that the applicant had not satisfied the requirements of clause 892.212. As this clause represents an essential requirement for the visa, and the applicant failed to meet it, the Tribunal affirmed the original decision to refuse the visa. Consequently, the Tribunal affirmed the decision not to grant the applicant the Business Skills (Residence) (Class DF) visa.