Jung (Migration)

The Administrative Appeals Tribunal considered the application of Ms Jung for a Business Skills (Residence) (Class DF) visa, specifically the Subclass 892 (State/Territory Sponsored Business Owner) visa. The primary dispute concerned whether Ms Jung met the requirements of subclause 892.211(1) of Schedule 2 to the Regulations, which mandates direct and continuous involvement in the management of her main business, Exceedo Pty Ltd, for at least two years prior to her application.

The central legal issue before the Tribunal was whether Ms Jung satisfied the second criterion under regulation 1.11(1)(b) for Exceedo Pty Ltd to be considered her "main business." This criterion requires the applicant to have control over the overall management and direction of the business. The delegate had raised concerns that the relationships between Ms Jung and a long-time family friend, Ms Li, who operated a similar business, were sufficiently blurred to cast doubt on Ms Jung's sole control.

The Tribunal reasoned that while Ms Jung clearly met the ownership criteria for Exceedo Pty Ltd, the evidence regarding her direct and continuous involvement in management required further consideration. The Tribunal noted that Ms Jung had purchased stock from Ms Li's struggling business, her husband had purchased business premises in partnership with Ms Li with the intention of Ms Jung renting them, and Ms Jung commenced operating her business in mid-2012. Given these circumstances and the delegate's concerns, the Tribunal concluded that the matter should be remitted for reconsideration by the Department to fully assess the remaining criteria for the visa. The applications of the other named applicants, who applied as family unit members, were to be determined by reference to the outcome of Ms Jung's application.