WANG (Migration)

This matter concerned an application for review of a decision to refuse a Business Innovation and Investment (Provisional) Subclass 188 visa. The applicant, Mr Wang, sought review of the delegate's decision to refuse his visa application. The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically the requirement relating to net business and personal assets.

The primary legal issue before the Tribunal was whether the applicant had provided sufficient evidence to demonstrate that he and/or his spouse or de facto partner, together, had a net value of at least AUD2,250,000 for the two fiscal years immediately preceding the invitation to apply for the visa. This requirement is stipulated in clause 188.245(a) of Schedule 2 to the Regulations. The Tribunal also considered the applicant's engagement with both the Department and the Tribunal throughout the process.

The Tribunal found that no evidence had been provided to the Department to verify the applicant's net asset value during the relevant period. Despite being given multiple opportunities to provide supporting documentation by both the Department and the Tribunal, the applicant failed to do so. Furthermore, the applicant did not respond to communications, provide further evidence, or attend a scheduled hearing. The Tribunal noted a pattern of the applicant ignoring correspondence and concluded that the requirement under cl 188.245 of Schedule 2 to the Regulations was not met.

Consequently, the Tribunal affirmed the decision under review, meaning the applicant's Business Innovation and Investment (Provisional) Subclass 188 visa in the Investor stream was not granted.