Sun (Migration)

This matter concerned an application for a Business Skills (Residence) (Class DF) visa, Subclass 890 (Business Owner), made by the applicant. The dispute centred on whether the applicant met the asset requirements stipulated in clause 890.212 of the relevant regulations, specifically concerning the net value and lawful acquisition of assets in the applicant's main business. The decision was made by the Tribunal.

The Tribunal was required to determine if the applicant's main business, Happy Family Fruits & Vegetables Pty Ltd, had a net value of at least AUD100,000 throughout the 12 months ending immediately before the application was made, and if these assets had been lawfully acquired. The delegate had previously concluded that the applicant's claimed loans to the business could not be verified from the documentation provided, particularly due to the business's reliance on cash transactions.

The Tribunal reasoned that while the delegate had concerns about verifying the cash loans, the applicant had provided additional evidence to the Tribunal, including profit and loss statements, Business Activity Statements, invoices, bank statements, and remittance advices. The Tribunal found that, based on the evidence presented to it, the applicant had met the requirements of clause 890.212.

Consequently, the Tribunal remitted the application for reconsideration by the Department, with a direction that the applicant had met the criteria under clause 890.212 for the Subclass 890 (Business Owner) visa.