Gu (Migration)

The applicant, Gu, sought judicial review of a decision made by the Minister for Immigration and Border Protection concerning her Business Skills (Permanent) (Class EC) visa, specifically Subclass 888 (Business Innovation and Investment (Permanent)). The dispute centred on whether Gu's business activities qualified her for the visa, with particular focus on the nature of her "main business" and her ownership interest within it. The matter was heard by Susan Hoffman.

The primary legal issues before the court were whether the applicant's business, which involved the wholesale trade of exporting Australian wines, wool, water, and other Victorian products, constituted a "main business" for the purposes of the visa requirements. Additionally, the court had to determine if Gu had demonstrated a sufficient ownership interest in that business and whether she had been directly and continuously involved in its management. The court also considered whether the business was a "qualifying business" and whether it had a "continuing operation."

Susan Hoffman found that the delegate's decision had failed to adequately consider the evidence presented regarding the applicant's ownership interest and her direct and continuous involvement in the management of the business. The court determined that the delegate had erred in concluding that the applicant's business was not a "main business" and that the business lacked a "continuing operation." Consequently, the decision under review was remitted to the Minister for reconsideration according to law.