Li (Migration)

This matter concerned an appeal by Ms Li against a decision of the Administrative Appeals Tribunal (AAT) affirming the refusal of her Business Skills (Permanent) (Class EC) visa, Subclass 888 (Business Innovation and Investment (Permanent)). The core of the dispute revolved around whether Ms Li had met the regulatory requirement of maintaining direct and continuous involvement in the management of her business on a day-to-day basis during the specified period.

The legal issues before the court were whether Ms Li had demonstrated direct and continuous involvement in making decisions that affected the overall direction and performance of her business between 31 August 2016 and 30 August 2018, and whether she had maintained direct and continuous involvement in the day-to-day management of the business during the same period. These were factual matters for the Tribunal to determine based on the evidence presented.

The court considered the ordinary dictionary meaning of "continuous" as unceasing or unbroken, and "day to day" as self-evident. Evidence from Ms Zhang, a licensed estate agent and director of the business, indicated that Ms Li attended promotional events, made decisions on discounts and rental management fees, negotiated corporate rates with property developers, and made decisions regarding employee salaries, hiring, and firing, often in consultation with others. Ms Li herself described her role as the "boss" and director, overseeing the financial aspects and attending promotional events with Chinese-speaking clients. The Tribunal accepted this evidence, finding that Ms Li had maintained direct and continuous involvement in decision-making affecting the business's overall direction and performance. The court affirmed the Tribunal's finding that the applicant had met the requirements.