Offord (Migration)

This matter concerned an appeal by the applicants against a decision regarding their Business Skills (Residence) (Class DF) visas, specifically Subclass 892 (State/Territory Sponsored Business Owner). The core dispute revolved around whether the applicants met the minimum net asset requirements for the visa. The decision was made by Susan Trotter, acting as a Member of the Tribunal.

The legal issues before the Tribunal were whether the applicants, individually or together, met the prescribed net asset thresholds for both their business and personal assets in Australia. Specifically, the Tribunal had to determine if their combined business and personal assets in Australia had a net value of at least AUD250,000 throughout the 12 months preceding their visa application and at the time of the application, and if these assets were lawfully acquired. Furthermore, the Tribunal needed to assess if the assets in their main business in Australia had a net value of at least AUD75,000 throughout the same 12-month period and at the time of application, and if these business assets were lawfully acquired. Finally, the Tribunal had to consider if the applicants continued to meet the requirements of clause 892.212(b).

The Tribunal considered evidence including loan agreements and property title deeds relating to a loan of AUD196,350 provided by the applicants to their son, Simon Offord, for the purchase of a property. The applicants claimed an equitable interest in this property to secure the loan. The Tribunal found that the applicants met the requirements of clause 892.212 and clause 892.221(b) of the Regulations.

Consequently, the Tribunal remitted the application for the Subclass 892 visas to the Minister for reconsideration, with the direction that the applicants had met the specified criteria.