Feng (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Business Skills (Provisional) (Class EB) visa, subclass 188. The dispute centred on whether the applicant's score on the business innovation and investment points test met the minimum requirement set by the Minister. The applicant's visa stream was Business Innovation, and they had received an invitation from the Victorian government.

The primary legal issue before the Tribunal was to determine if the applicant's total score on the business innovation and investment points test was not less than the specified number of points. This involved assessing the applicant's eligibility for points across various criteria, including age, English language proficiency, educational qualifications, business experience, financial assets, business turnover, business innovation, and special endorsement. The Tribunal had to scrutinise the evidence provided by the applicant regarding their business and personal assets, including their shareholding in a family company and the valuation of a property.

The Tribunal concluded that the matter should be remitted for reconsideration. While the applicant provided evidence of their shareholding in Liaoning Donghe Technology Co Ltd and the net value of their business and personal assets, the delegate's assessment resulted in a score of 60 points, which was below the required threshold. The delegate had awarded points for age, business experience, business turnover, and business innovation, but zero points for English language, educational qualifications, financial assets, and special endorsement. The Tribunal's decision to remit suggests that further examination of the evidence or the application of the points test criteria was necessary.