Sun (Migration)

This matter concerned an application by Mr Sun for a Subclass 188 (Business Innovation and Investment (Provisional)) visa, Investor stream. The Administrative Appeals Tribunal was required to review the delegate's decision to refuse Mr Sun's visa application.

The primary legal issue before the Tribunal was whether Mr Sun had satisfied the criteria for the Subclass 188 visa, specifically clause 188.245 of Schedule 2 to the Regulations, which requires a net value of assets of at least A$2,250,000 for the two fiscal years immediately preceding the invitation to apply. A further issue arose from Mr Sun's failure to provide any documentary evidence to support his application, despite multiple requests from the delegate and an invitation from the Tribunal to provide further information.

The Tribunal affirmed the delegate's decision to refuse the application. The delegate had refused the application because Mr Sun had not provided any supporting documentation to demonstrate he met the net asset requirement. The Tribunal noted that Mr Sun had been invited to provide further evidence by 5 August 2024, with the option to request an extension, but had failed to respond to this invitation. The Tribunal applied the principle that an applicant bears the onus of providing sufficient evidence to satisfy the criteria for a visa. As no evidence was provided, the Tribunal was unable to assess whether Mr Sun met the requirements of clause 188.245.