Gamlathralalage (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Gamlathralalage for a Business Skills (Residence) (Class DF) visa, specifically the Subclass 892 (State/Territory Sponsored Business Owner) visa. The core of the dispute concerned whether Gamlathralalage satisfied the asset requirements stipulated in clause 892.212 of the Migration Regulations 1994.

The Tribunal was tasked with determining whether Gamlathralalage’s business and personal assets met the threshold of greater than $250,000 during the relevant period, and whether the business assets alone exceeded $75,000 during that same period. A further issue was whether these assets were obtained lawfully.

In its reasoning, the Tribunal found that the applicant had indeed demonstrated that their combined business and personal assets exceeded $250,000, and that the business assets alone were valued at over $75,000 during the specified timeframe. Crucially, the Tribunal was satisfied that these assets had been lawfully obtained. Consequently, the Tribunal set aside the original decision and remitted the matter to the AAT for reconsideration, with a direction to grant the visa.