TAGHAVIPOOYA (Migration)

This matter concerned an application for a Business Skills (Residence) (Class DF) visa, specifically a Subclass 892 (State/Territory Sponsored Business Owner) visa. The applicant, Mr. Taghavipoooya, sought review of a decision concerning his eligibility for this visa. The central dispute revolved around whether the applicant held the requisite ownership interest in the company operating the main business for the periods stipulated by the migration regulations.

The primary legal issue before the Tribunal was to determine whether the applicant satisfied clause 892.211(1) of the Migration Regulations 1994. This clause requires an applicant to have had an ownership interest in an actively operating main business in Australia for at least two years immediately before the visa application and to continue to hold that interest at the time of application. The Tribunal was required to consider the nature of the applicant's ownership interest as a shareholder in Triten Group Pty Ltd (formerly Tirajeh Group Pty Ltd), whether the business was actively operating, and if it qualified as a "main business" during the relevant periods.

The Tribunal's reasoning focused on the applicant's ownership interest in Triten Group. While acknowledging that the company's shareholder structure had been altered and subsequently backdated for submission to ASIC, the Tribunal found that the evidence, despite some inconsistencies reflective of informality and the passage of time, did not solely indicate an intention to satisfy visa requirements. The Tribunal concluded that the applicant did meet the ownership interest criterion under clause 892.211(1).

Consequently, the Tribunal remitted the application to the Minister for reconsideration. The direction was that the applicant meets the ownership interest criterion for the Subclass 892 visa, allowing for the assessment of the remaining eligibility requirements.