WANG (Migration)

The Administrative Appeals Tribunal (AAT) considered an appeal by Ms. Wang against a decision to refuse her Subclass 890 (Business Owner) visa. The primary dispute concerned whether Ms. Wang met the requirements of regulation 1.11 of the Migration Regulations, specifically regarding her ownership interest and direct and continuous involvement in the management of her 'main business' in Australia.

The legal issues before the Tribunal were whether Ms. Wang had, for at least two years immediately preceding her visa application, maintained an ownership interest in an actively operating main business in Australia and whether she had been directly and continuously involved in the day-to-day management and decision-making affecting the overall direction and performance of that business. The Tribunal was required to determine if the evidence demonstrated that Ms. Wang genuinely exercised control and made significant decisions for Minz Investment (Aust) Pty Ltd, or if the business was effectively orchestrated by a third party.

The Tribunal affirmed the delegate's decision to refuse the visa. It found that while Ms. Wang held an ownership interest in Minz Investment (Aust) Pty Ltd, the evidence did not establish her direct and continuous involvement in its management and decision-making. The Tribunal noted that Mr. Jianming Ren was consistently prominent in the business's operations, including being listed as the designated Manager/Director for accreditation purposes, purchasing business vehicles, and sharing premises and contact details with his own business, JJ Travel. The Tribunal concluded that Mr. Ren occupied the role responsible for making decisions affecting the overall direction and performance of Minz, and that Ms. Wang's involvement appeared to be a pretence for the purpose of her visa application, rather than a genuine exercise of managerial control.