Ghouchian (Migration)

[2019] AATA 2233

Ghouchian (Migration) [2019] AATA 2233 (5 February 2019)

DECISION RECORD

APPLICANTS:  Mr Farzad Ghouchian
Mrs Ladan Nadjaf Ooshani
Miss Romina Ghourchian
Miss Rose Ghourchian

CASE NUMBER:  1834953

DIBP REFERENCE(S):  BCC2018/1542826 BCC2018/5720553 bCC2018/935767 BCC2019/252799

MEMBER:Cathrine Burnett-Wake

DATE AND TIME OF

ORAL DECISION AND REASONS:          5 February 2019 at 12:23 pm (VIC time)

DATE OF WRITTEN RECORD:                11 February 2019

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 888 visa:

·cl.888.214 of Schedule 2 to the Regulations

Statement made on 11 February 2019 at 3:54pm

CATCHWORDS
MIGRATION – Business Skills (Permanent) visa – Subclass 888 Business Innovation and Investment (Permanent) – evidence of company tax returns for two fiscal years before visa lodgement provided – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cls 888.214, 888.311

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Immigration to refuse to grant the applicants Business Skills (Permanent) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 27 February 2018. The delegate refused to grant the visas on 27 November 2018.

2. The delegate made the decision on the basis that evidence of the company tax returns for the two fiscal years prior to lodgement of the visa were not provided. As such, the delegate was not satisfied that the applicant, and the applicant’s spouse or defacto partner, have a satisfactory record of compliance with the laws of the Commonwealth and of each State or Territory in which the applicant operates a business and employs employees in the business, relating to the applicant’s business pursuant to subclause 888.214 under the Migration Regulations 1994 (the Regulations).

3. On 29 January 2019, the Tribunal received an Tax Agent Portal Itemised income tax account for Best Taste Food Services Pty Ltd, the applicant’s business, which reflects that Income Tax returns for the company were lodged with the ATO for the income periods 1 July 2015 to 30 June 2016; 1 July 2016 to 30 June 2017 and 1 July 2017 to 20 June 2018. Additionally, the Tribunal has received copies of the completed Company Tax returns, submitted to the ATO for the periods: 1 July 2015 to 30 June 2016; 1 July 2016 to 30 June 2017. The applicant has also provided the Tribunal with copies of his personal Income Tax Assessments for the 2016; 2017 and 2018 financial years.

4. In light of the new evidence received, the Tribunal is satisfied that the criterion is met.

5. As the second, third and fourth named applicants are members of the family unit of the applicant; the Tribunal finds that they are able to meet the requirements in cl.888.311.

6. Given these findings, the appropriate course is to remit the application for the visas to the Department to consider the remaining criteria for subclass 888 visas. If the applicants are found to meet the remaining criteria, then they are entitled to the grant of subclass 888 visas

   DECISION

7. The Tribunal remits the application for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 888 visa:

   ·cl.888.214 of Schedule 2 to the Regulations

   Cathrine Burnett-Wake
   Member