Patel (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered the application of Mr Patel for a Business Skills (Residence) (Class DF) visa, subclass 890. The dispute concerned whether Mr Patel met the requirement of having an ownership interest in one main business for at least 24 months prior to lodging his visa application. Mr Patel held a 40% stake in the business at the relevant time, having acquired additional shares during the qualifying period. The business was actively operating.

The primary legal issue before the Tribunal was whether Mr Patel's acquisition of additional shares in the business constituted a change in his ownership interest that would disqualify him from meeting the visa criterion. Specifically, the Tribunal had to determine if the acquisition of further shares amounted to a disposal of his initial ownership interest and the acquisition of a new one, thereby interrupting the continuous 24-month ownership period.

The Tribunal reasoned that the acquisition of additional shares in an existing business did not necessarily mean the disposal of the original ownership interest. It applied the principle that a change in the *proportion* of ownership does not equate to a change in the *identity* of the ownership interest, provided the underlying business remains the same. The Tribunal found that Mr Patel had continuously held an ownership interest in the same main business throughout the required period, even though the percentage of his stake had increased. Consequently, the Tribunal remitted the decision for reconsideration.