Li (Migration)

The Administrative Appeals Tribunal considered the application of Ms Li, who sought review of a decision concerning her eligibility for a Business Skills (Residence) visa, specifically the Subclass 892 (State/Territory Sponsored Business Owner) visa. The dispute centred on whether Ms Li met the criteria relating to ownership and active engagement in an Australian business.

The Tribunal was required to determine whether Ms Li satisfied the requirements of clause 892.211 and clause 892.221 of the Migration Regulations. Clause 892.211 mandates that an applicant must have had, and continue to have, an ownership interest in one or more actively operating main businesses in Australia for at least two years prior to the application date. Clause 892.221 requires the applicant to maintain such an ownership interest at the time of the decision.

The Tribunal noted that Ms Li provided evidence of acquiring 100 per cent ownership of Sihang Trading Australia Pty Ltd, trading as Bargains on Parade, on 19 November 2012. This business was described as a retail shop located in Williamstown, Victoria. The core of the Tribunal's consideration involved assessing whether this ownership, as evidenced by company documents, satisfied the "actively operating main business" and "actively engaged" requirements for the specified periods.

Ultimately, the Tribunal concluded that the matter should be remitted for reconsideration. This indicates that the Tribunal found there were issues with the original decision that required further examination or a new decision to be made.