Malik (Migration)

This matter concerned an application for a Business Skills (Residence) (Class DF) visa, specifically a Subclass 892 (State/Territory Business Owner) visa, brought by Mr Malik. The dispute centred on whether Mr Malik met the financial and management requirements stipulated by clause 892.212 of Schedule 2 to the Migration Regulations 1994. The decision was made by Robyn Anderson, a Member of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether Mr Malik had demonstrated direct and continuous management involvement in his nominated main business in Australia, and whether the financial position of that business met the specified criteria. Specifically, the Tribunal had to assess compliance with clauses 892.212(a) and 892.212(c) of the Regulations, considering the period from 20 December 2015 to 19 December 2016, as Mr Malik lodged his application on 20 December 2016. The definition of "main business" under regulation 1.11(1) and "ownership interest" as defined in section 134(10) of the Migration Act 1958 were also central to the determination.

The Tribunal found that Mr Malik had met the criteria under clause 892.221 of Schedule 2 to the Regulations. While the original decision is not detailed, the Tribunal ultimately remitted the applications for reconsideration by the Department, with a direction that Mr Malik satisfied the specified criteria. The applications of the other named applicants, who applied as family unit members, were to be determined by reference to the outcome of Mr Malik's reconsidered application.