Keivanpour (Migration)

The Administrative Appeals Tribunal considered an application for a Business Skills (Provisional) (Class EB) visa, Subclass 188 Business Innovation and Investment (Provisional) visa, Business Innovation stream, made by Mr. Keivanpour and his family members. The dispute centred on the number of points Mr. Keivanpour achieved under the business innovation and investment points test, specifically concerning his financial asset qualifications.

The primary legal issue before the Tribunal was to determine the correct assessment of Mr. Keivanpour's score on the business innovation and investment points test, as stipulated by clause 188.222 of the Regulations. This involved interpreting the definition of "fiscal year" within Schedule 7A and Regulation 1.03 to ascertain the relevant two-year period for assessing the applicant's net business and personal assets. While points for most parts of the test were not in dispute, the assessment of points under Part 7A.7, relating to financial asset qualifications, was contentious.

The Tribunal noted that the applicant's score was assessed by the delegate as 50 points, based on the net value of business and personal assets being not less than AUD800,000 in each of the two fiscal years immediately before the invitation to apply. The Tribunal accepted the applicant's representative's clarification that points for most parts of the test were not disputed. However, the Tribunal found that the definition of "fiscal year" in Regulation 1.03(a) referred to the 12-month accounting periods stipulated in Iran, where the businesses operated. Consequently, the undisputed relevant period for assessment commenced on 21 March 2018 and ended on 20 March 2020.

The Tribunal remitted the applications for reconsideration by the Department, with a direction that the first named applicant, Mr. Keivanpour, meets the criteria under clause 188.222 of Schedule 2 to the Regulations. The applications of the other family members, who applied as members of the family unit, will be determined by reference to the outcome of Mr. Keivanpour's application upon remittal.