Nguyen (Migration)

This matter concerned an application for a Class EC (Business Skills) subclass (Business Innovation and Investment) visa, specifically subclass 888. The applicant, a citizen of New Zealand, nominated two main businesses in Australia: Be Food Pty Ltd and H S Melbourne Castings Pty Ltd. The central dispute before the Tribunal was whether the applicant satisfied clause 888.225(2) of the Migration Regulations 1994, which pertains to the net value of assets in the main businesses.

The Tribunal was required to determine if the applicant's main businesses in Australia, held either individually or jointly with a spouse or de facto partner, had a net value of at least AUD200,000 throughout the 12 months preceding the application, and continued to hold that value, with the assets having been lawfully acquired. This clause was one of two required to be met by the applicant, as no exceptional circumstances had been determined by the nominating State or Territory government agency.

The Tribunal considered the applicant's ownership of Be Food Pty Ltd, finding it to be an acceptable value of ownership interest. Crucially, the Tribunal concluded that the applicant met the requirements of clause 888.225(2). The Tribunal's decision was to remit the application for reconsideration by the Minister, with the specific direction that the applicant satisfies clause 888.225(2). The applications of the applicant's spouse and children, who applied as family unit members, would be determined based on the outcome of the applicant's application upon remittal.