Suwadie (Migration)

The Administrative Appeals Tribunal considered the case of Suwadie, an applicant for a Subclass 188 Business Innovation and Investment (Provisional) visa. The dispute concerned whether Suwadie met the primary criteria for this visa, specifically relating to ownership interest in a main business and its annual turnover.

The Tribunal was required to determine if Suwadie satisfied clause 188.225 of Schedule 2 to the Migration Regulations. This involved assessing whether Suwadie had an ownership interest in at least one established main business for at least two of the four fiscal years immediately preceding the invitation to apply, and whether that business (or businesses, up to two) had an annual turnover of at least AUD500,000 in each of those years. The businesses in question were PT Manunggal Wisata and PT Birawa Sukses Sampurna, both based in Indonesia.

The Tribunal noted that the delegate had only referenced PT Manunggal Wisata, whereas the applicant had nominated both businesses. It was also observed that the turnover requirement was apparently met by combining the turnover of both businesses in the State Nomination application. The Tribunal's analysis focused on the nature of Suwadie's ownership interest in these businesses and whether they qualified as "main businesses" for the requisite period, considering the definition of "ownership interest" which includes shareholding in a company, partnership in a partnership, or sole proprietorship, and can be held indirectly.

The Tribunal concluded that the matter should be remitted for reconsideration.