Hwang (Migration)

The Administrative Appeals Tribunal considered an application for a Business Skills (Residence) (Class DF) visa, specifically a Subclass 892 (State/Territory Sponsored Business Owner) visa. The applicant sought review of a delegate's decision that had found the applicant did not meet the required annual turnover threshold.

The central legal issue before the Tribunal was whether the applicant had provided sufficient evidence to demonstrate an annual turnover of at least $200,000 in the 12 months prior to their visa application, as stipulated by clause 892.213(2) of Schedule 2 to the relevant Regulations.

The Tribunal found that, based on additional evidence submitted during the review process, the applicant's correct annual turnover for the 12-month period preceding the application was $205,784.51 (excluding GST). This figure exceeded the minimum threshold of $200,000. Consequently, the Tribunal determined that the applicant met the specified criterion for the visa. The Tribunal remitted the application for reconsideration with a direction that the first named applicant satisfies clause 892.213 of Schedule 2 to the Regulations.