Thom (Migration)

The Administrative Appeals Tribunal considered the applications for Business Skills (Residence) (Class DF) visas made by Mr Thom and a second applicant. The dispute concerned whether Mr Thom met the criteria for a Subclass 892 (State/Territory Sponsored Business Owner) visa, which would determine the outcome for both applicants as they applied as a family unit.

The Tribunal was required to determine if Mr Thom satisfied specific criteria under clauses 892.212 and 892.221(b) of Schedule 2 to the Migration Regulations 1994. These clauses relate to the requirements for applicants seeking a Subclass 892 visa, which typically involve demonstrating a genuine and continuing commitment to owning and managing a business in Australia.

The Tribunal reasoned that Mr Thom had provided sufficient evidence to establish his eligibility for the visa. His oral evidence detailed his long-standing professional relationship with his business partner, Mr Netto, and his subsequent engagement in a business venture in Australia. The Tribunal noted Mr Thom's active role in the business, particularly in advertising, marketing, website maintenance, and client consultation, alongside Mr Netto's administrative and financial contributions. This collaborative effort, the Tribunal found, had led to the establishment of a successful business.

Consequently, the Tribunal remitted the applications for reconsideration by the Department, with a direction that Mr Thom meets the specified criteria for the Subclass 892 visa. The second applicant's application would be determined based on this outcome.