Ghouchian (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 888 Business Innovation and Investment (Permanent) visa. The applicant sought review of a decision concerning their eligibility for this visa.

The primary legal issue before the Tribunal was whether the applicant had provided sufficient evidence of company tax returns for two fiscal years preceding the visa lodgement to satisfy the relevant criteria for the Subclass 888 visa.

The Tribunal found that the applicant had met certain criteria, specifically cl.888.214 of Schedule 2 to the Regulations, in relation to the tax returns. Consequently, the Tribunal remitted the application back to the Department for reconsideration of the remaining criteria for the Subclass 888 visa. If these remaining criteria are met, the applicants are entitled to the grant of the visas.