Tessier (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Ms Tessier, who sought review of a decision by the Department of Home Affairs to refuse her visa application under the Business Skills (Provisional) (Class EB) visa subclass 188. Ms Tessier's application was for a Business Innovation and Investment (Provisional) visa.

The primary legal issue before the Tribunal was whether Ms Tessier had demonstrated a genuine and compelling need to reside in Australia in relation to her proposed oyster farming business. The Department had refused the visa on the basis that this need was not sufficiently evidenced.

The Tribunal noted that while the Department had not been provided with supporting documentation for the claimed need, Ms Tessier had subsequently submitted extensive documentation and detailed submissions to the AAT. These materials outlined her established family business, her international experience in the industry, and the regulatory, managerial, and day-to-day tasks involved in the proposed oyster farming venture. The Tribunal considered that these submissions and documentation provided a sufficient basis to establish the required need to reside in Australia.

Consequently, the Tribunal set aside the Department's decision and remitted the matter to the Department for reconsideration, with a direction that the visa be granted.