Nong (Migration)

This matter concerned an application for a Business Skills (Residence) (Class DF) visa, specifically a Subclass 892 (State/Territory Business Owner) visa, brought before the Tribunal by the first named applicant. The core dispute revolved around whether the applicant had maintained the requisite ownership interest in an actively operating main business in Australia for the specified periods.

The Tribunal was required to determine whether the applicant possessed an ownership interest in a business operated through MWM Co Pty Ltd, a proprietary company, for at least two years immediately prior to the visa application and continued to hold that interest at the time of the application and at the time of the Tribunal's decision. This involved assessing whether the business was "actively operating" and met the definition of a "main business" under the Migration Regulations 1994.

The Tribunal applied the criteria set out in clause 892.211(1) of Schedule 2 to the Migration Regulations 1994, which mandates an ownership interest in an actively operating main business. It considered the definition of "ownership interest" as provided in section 134(10) of the Migration Act 1958 and regulation 1.03 of the Migration Regulations 1994, which includes being a shareholder in a company. The Tribunal found that the applicant had acquired and maintained a 70% shareholding in MWM Co Pty Ltd throughout the relevant periods, satisfying the ownership interest requirement.

Consequently, the Tribunal remitted the applications for reconsideration by the Minister, with a direction that the first named applicant met the criteria under clause 892.211(1) for a Subclass 892 visa. The Minister was to consider the remaining visa criteria, including those pertaining to secondary applicants.