Maranzan (Migration)

This matter concerned an appeal by Mr. Maranzan and other family unit members regarding their applications for Business Skills (Residence) (Class DF) visas, specifically the Subclass 892 State/Territory Sponsored Business Owner (Residence) visa. The core dispute revolved around whether the applicant met the financial asset requirements stipulated by the Migration Regulations 1994.

The Tribunal was required to determine whether the applicant, his spouse, or both together, held Australian business and personal assets with a net value of at least AUD250,000 for the 12 months preceding the application, and whether they held assets in their main Australian business with a net value of at least AUD75,000 for the same period. A further issue was whether these assets were legally acquired. The Tribunal also considered the interpretation of "immediately before the application was made" in relation to the relevant assessment period for these assets.

The Tribunal noted that the applicant conceded he did not meet the employment requirement under subclause 892.212(a). Therefore, the focus was on subclauses 892.212(b) and 892.212(c), which pertain to the applicant's financial assets in Australia. The Tribunal observed that the delegate had assessed the applicant's financial position at specific dates, and that the applicant had nominated a particular date within the relevant three-month window prior to application lodgement for this assessment. The Tribunal found that the matter should be remitted for reconsideration.

Consequently, the Tribunal remitted the applications for reconsideration by the Department, with the direction that the applicant meets the criteria under clause 892.212 of Schedule 2 to the Migration Regulations 1994. The applications of the other family unit members were to be determined by reference to the outcome of the first applicant's application upon remittal.