Sadri (Migration)

This matter concerned an application for a Business Skills (Residence) (Class DF) visa, specifically subclass 892 (State/Territory Sponsored Business Owner). The applicant sought review of a decision to refuse the visa. The Tribunal considered whether the applicant continued to meet the requirements of clause 892.221 of the Migration Regulations 1994, which mandates that an applicant must still have an ownership interest in an actively operating main business in Australia at the time of the decision.

The primary legal issue before the Tribunal was whether the applicant satisfied the ongoing ownership requirement under clause 892.221(a) of the Migration Regulations 1994. This required the Tribunal to determine if the applicant continued to hold an ownership interest in an actively operating main business in Australia at the time of the decision, having regard to the business nominated at the time of the visa application.

The Tribunal reasoned that the applicant nominated Global First Pty Ltd, a company involved in the sale of Persian carpets, handmade items, and books, as their main business. While the applicant provided evidence of shareholding in this company, current information from the Australian Securities and Investments Commission (ASIC) indicated that Global First Pty Ltd had been deregistered and its ABN cancelled. The Tribunal concluded that, as the company was deregistered, the applicant could not demonstrate a continued ownership interest in an actively operating business in Australia at the time of the decision. Consequently, the applicant failed to meet the requirements of clause 892.221(a).

The Tribunal affirmed the decision to refuse the visa to the primary applicant. In relation to the secondary applicants, the Tribunal stated it had no jurisdiction.