Star (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning Mr Star's application for a Subclass 892 (State/Territory Sponsored Business Owner) visa. The primary applicant, Mr Star, sought to have the delegate's decision affirmed, with secondary applicants applying as members of his family unit. The core dispute revolved around whether Mr Star met the visa criteria, specifically regarding his ownership interest in a main business and its active operation during the relevant period.

The Tribunal was required to determine whether Mr Star satisfied the criteria for the Subclass 892 visa, including demonstrating an ownership interest in a main business that was actively operated throughout the two-year period immediately preceding the application date (5 February 2016 to 4 February 2018). A further issue was whether the failure to include Business Activity Statements (BAS) in the visa application prejudiced Mr Star's ability to satisfy the 'time of application' criterion.

The Tribunal reasoned that the 'time of application' criterion required objective, contemporaneous evidence to establish that the criteria were met at that specific point. It found that the absence of the BAS, which would have provided crucial evidence of the business's active operation and Mr Star's involvement during the application period, meant that the primary criteria were not satisfied. Consequently, the secondary applicants, who relied on being part of Mr Star's family unit, also failed to meet the visa requirements. The Tribunal affirmed the delegate's decision.