Kiris (Migration)

The Administrative Appeals Tribunal considered the application of Kiris for a Business Skills (Provisional) visa (Subclass 188). The applicant sought to satisfy a points test criterion, with the delegate having initially assessed her as being entitled to only 55 points, falling short of the required 65 points. The applicant claimed points based on her age and business experience qualifications, specifically in relation to her involvement with a Turkish restaurant business, Kiris Limited.

The primary legal issue before the Tribunal was whether the applicant met the points test criterion, specifically concerning her business experience qualifications. This involved determining if she had held a main business for the requisite period of either not less than 4 years in the 5 years immediately before the invitation to apply, or not less than 7 years in the 8 years immediately before that time. The Tribunal also considered points for age, noting the applicant was 52 at the time of invitation, and confirmed no points were claimed for English language or educational qualifications.

The Tribunal found that the applicant was entitled to 15 points for her age. Crucially, after reviewing the evidence and the applicant's revised claims regarding her business experience with Kiris Limited, the Tribunal was satisfied that she met the criterion for business experience. Consequently, the Tribunal concluded that the applicant was entitled to a total of 65 points, thereby satisfying the requirements of clause 188.222 of Schedule 2 to the Regulations. The Tribunal remitted the application for reconsideration by the Department, with the direction that the applicant meets the specified criterion. The outcomes for the second and third applicants, who applied as members of the family unit, would be determined by the result of the primary applicant's reconsidered application.