NGUYEN (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 890 (Business Owner) visa. The central dispute concerned whether the applicant's main business in Australia met the annual turnover requirement of at least $300,000 in the 12 months preceding the visa application lodgement.

The Tribunal was required to determine if the applicant's business, "Hoang Anh Pty Ltd," qualified as a "main business" under regulation 1.11 of the Migration Regulations 1994. This involved assessing whether the applicant satisfied the four elements of the definition, specifically focusing on her ownership interest and direct and continuous involvement in the day-to-day management and decision-making of the business.

The Tribunal found that the applicant had an ownership interest in Hoang Anh Pty Ltd, which carried on an import and retail business. The applicant provided evidence of her substantial personal investment in her businesses and demonstrated a comprehensive understanding of their operations, which was consistent with documentary evidence. The Tribunal was satisfied that the applicant directly and continuously managed the business and made key decisions, thus meeting the criteria for a "main business" under regulation 1.11.

Consequently, the Tribunal remitted the applications for Business Skills (Residence) (Class DF) visas for reconsideration by the Department, with a direction that the applicant met the criterion in clause 890.213 for a Subclass 890 Business Owner visa.