Gacic v Minister for Immigration

The applicants in the case of Gacic v Minister for Immigration were seeking a Subclass 845 visa, which is a business innovation and investment visa. The dispute centred on whether they met the criteria for the visa, particularly the requirement that the applicant has had an overall successful business career. The case was heard by the Administrative Appeals Tribunal. The primary legal issue before the Tribunal was whether the applicants satisfied the criteria under cl.845.221 of Schedule 2 to the Regulations, which requires, among other things, that at the time of decision the applicant continues to satisfy cl.845.217. The Tribunal considered the evidence provided by the applicants and concluded that they had not had an overall successful business career. Despite some modest successes prior to 2004, the closure of their main business and the subsequent financial difficulties of their remaining businesses led the Tribunal to find that the applicants did not meet the required criteria.

The Tribunal noted that the applicants had been involved in several businesses, both before and after their move to Australia. However, the closure of their main business, Coco Roco, and the subsequent financial difficulties of their remaining businesses led the Tribunal to conclude that the applicants did not have an overall successful business career. The Tribunal found that while policy guidelines allowed for consideration of external factors affecting business success, the applicants' overall business history did not demonstrate the required level of success. Consequently, the Tribunal determined that the applicants did not meet the essential criterion for the grant of a Subclass 845 visa. The Tribunal dismissed the application and ordered that the applicants pay the Minister's costs.