Sharifi Zad (Migration)

The Administrative Appeals Tribunal considered the application of Mr. Sharifi Zad and his secondary applicants for a Subclass 892 (State/Territory Business Owner) visa. The core dispute revolved around whether Mr. Sharifi Zad had provided all required Business Activity Statements (BAS) for his nominated business, Aus Co Supplies Pty Ltd, for the period between 28 September 2014 and 27 September 2016, as part of his visa application to the Department.

The Tribunal was required to determine if the applicants had satisfied the criteria for the grant of the visa, specifically concerning the provision of complete and accurate documentation relating to the nominated business. This included assessing whether the BAS statements submitted were sufficient and whether the applicant had demonstrated the necessary ownership and management involvement in the business as required by the Migration Regulations 1994.

The Tribunal's reasoning focused on the applicant's inability to provide the complete set of BAS statements for the specified period. Evidence indicated a strained relationship between Mr. Sharifi Zad and the company's director at the time, Mr. Javadeh, which allegedly prevented Mr. Sharifi Zad from accessing the necessary documents from the accountant. The Tribunal noted that some BAS provided were unprocessed versions and that the applicant had not met the requirements of clause 892.211(2)(b) of the Migration Regulations. Consequently, the Tribunal affirmed the decision not to grant the visa to the primary and secondary applicants.