Ghanad (Migration)

This matter concerned an application for a Business Skills (Residence) (Class DF) visa, subclass 892, brought before the Tribunal by the applicant. The applicant sought review of a decision concerning their eligibility for the visa, with the core dispute revolving around whether the applicant met the requirements relating to their assets in their main business.

The Tribunal was required to determine the validity of a section 375A non-disclosure certificate issued by the Department, and to assess whether the applicant met the criteria outlined in clause 892.212 of the Migration Regulations 1994, specifically concerning Australian employment and the net value of assets in the applicant's main business. Clause 892.212 requires applicants to satisfy at least two of three criteria, unless exceptional circumstances are determined by the relevant regional authority. These criteria relate to Australian employment, the net value of business and personal assets in Australia, and the net value of assets in the main business.

The Tribunal found the section 375A certificate to be invalid, following established authority that such certificates require a signature and date to be effective. Regarding the visa requirements, the Tribunal was satisfied that the applicant met the criteria under clause 892.212(a) (Australian employment) and clause 892.212(c) (assets in the main business), which stipulated a net value of at least AUD75,000 in the main business at the time of application and for the preceding 12 months.

Consequently, the Tribunal remitted the application to the Minister for reconsideration, with a direction that the applicant had met the criteria specified in clause 892.212 of Schedule 2 to the Regulations.