Mohammadi (Migration)

The Administrative Appeals Tribunal considered the case of Dr. Mohammadi concerning his application for a Business Skills (Residence) (Class DF) visa, specifically a Subclass 892 (State/Territory Business Owner) visa. The core dispute revolved around whether Dr. Mohammadi had maintained direct and continuous involvement in the management of his Australian business, Yas Global Pty Ltd, while he was spending significant time in Iran.

The Tribunal was required to determine if Dr. Mohammadi met the criteria outlined in clause 892.212 of Schedule 2 to the Migration Regulations 1994. This clause mandates that applicants satisfy at least two of three specific requirements relating to their business and personal assets, unless exceptional circumstances have been determined by a regional authority. The specific criteria in contention were the applicant's business and personal assets in Australia, and the assets within his main business in Australia.

The Tribunal found that Dr. Mohammadi had indeed maintained direct and continuous involvement in the management of Yas Global Pty Ltd. It accepted his evidence that his extended stays in Iran were necessitated by family obligations, the liquidation of his Iranian assets, and the need to explore import and export opportunities. The Tribunal was satisfied that Dr. Mohammadi continued to make all business decisions for Yas Global Pty Ltd and was involved in its day-to-day activities. Consequently, the Tribunal concluded that Dr. Mohammadi met the requirements of clauses 892.212 and 892.221(b) of the Regulations.

The matter was remitted to the Minister for reconsideration, with the direction that the first applicant had met the specified criteria for the Subclass 892 visa. The Minister was to consider the remaining criteria for the visa, including those pertaining to secondary applicants.