Liu (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 888 (Business Innovation) visa. The primary applicant, referred to as Liu, sought this visa, and his wife and children were included as members of the family unit. The dispute centred on whether the applicant met the requirements of the regulations, specifically concerning the submission of Business Activity Statements (BAS).

The central legal issue before the Tribunal was whether the primary applicant satisfied the criteria for the Subclass 888 visa, particularly in relation to the timing of the lodgement of BAS statements. The Tribunal also had to determine if the applicant's wife and children, as members of the family unit, met the relevant requirements for inclusion in the visa application.

The Tribunal reasoned that the primary applicant met the requirements of clause 888.224 of Schedule 2 to the Regulations. Furthermore, the Tribunal found that the applicant's wife and children, as members of the family unit, satisfied the necessary requirements of clause 888.311 in Schedule 2 of the Regulations. Consequently, the Tribunal remitted the application for reconsideration, directing that the applicants met the specified criteria for the visa.