Phu (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Phu for a Business Skills (Provisional) (Class EB) visa, subclass 188 (Business Innovation and Investment (Provisional)). The central dispute concerned whether Phu had held an ownership interest in a main business for at least two of the four prior fiscal years, as required by the visa criteria. The business in question was based in Vietnam, and the applicant relied on Certificates of Business Registration to demonstrate ownership.

The primary legal issue before the Tribunal was to determine whether the Vietnamese business, as evidenced by the Certificates of Business Registration, qualified as a 'main business' for the purposes of the visa application. This involved an assessment of the applicant's ownership interest and the annual turnover of the business to ascertain if it met the relevant legislative thresholds.

The Tribunal's reasoning focused on the interpretation of the term 'main business' within the migration regulations. It examined the provided Certificates of Business Registration and considered the applicant's claimed ownership percentage. Ultimately, the Tribunal found that the evidence presented was insufficient to definitively establish that the business met the criteria for a 'main business' as defined by the regulations, particularly in relation to turnover. Consequently, the decision under review was remitted back to the delegate for reconsideration.