Wang (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Mr. Wang for a Subclass 890 Business Owner visa. The dispute concerned whether Mr. Wang had demonstrated sufficient ownership interest in an active operating 'main business' and had continuously been involved in its management and decision-making activities, as required by the relevant migration regulations.

The primary legal issues before the Tribunal were whether Mr. Wang's role in the business constituted continuous involvement in management and decision-making activities, and whether the documentary evidence provided sufficiently supported his claims regarding the sourcing and researching of business opportunities and the commercial value of goods exported. The Tribunal was required to assess if the applicant's day-to-day tasks were performed in a managerial capacity that met the legislative criteria.

The Tribunal found that while Mr. Wang performed day-to-day tasks in a managerial role, the evidence presented did not sufficiently establish his continuous involvement in the strategic management and decision-making of the business. Specifically, the Tribunal noted a lack of detailed documentation to substantiate his contributions to sourcing and researching business opportunities and demonstrating the commercial value of exported goods. Consequently, the Tribunal determined that the applicant had not met the requirements for the visa. The decision under review was remitted to the Department of Home Affairs for reconsideration.