Poiyamozhi (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 188 Business Skills (Provisional) visa. The applicant, Mr. Poiyamozhi, sought review of a decision concerning his eligibility for this visa. The core of the dispute revolved around whether Mr. Poiyamozhi had demonstrated direct and continuous day-to-day involvement and decision-making in a business located in India, a requirement for the visa.

The Tribunal was tasked with determining whether the applicant had satisfied the relevant criteria for the Subclass 188 visa, specifically clause 188.225 of Schedule 2 to the Migration Regulations 1994. This involved assessing whether the applicant's business activities in India met the prescribed standards for direct and continuous involvement and decision-making, particularly in circumstances where the business had been sold prior to the lodgement of the visa application.

Upon considering certified material and new evidence presented at the hearing, the Tribunal was satisfied that the applicant had met the criterion. Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant be found to meet the specified criteria for the Subclass 188 visa.