Wanniarachchi (Migration)

The applicant, Ms. Wanniarachchi, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the refusal of her application for a Business Skills (Residence) (Class DF) visa, Subclass 890 (Business Owner). The core of the dispute concerned whether Ms. Wanniarachchi met the visa criterion requiring her to have an ownership interest in her main business for two years prior to her application and to maintain that interest at the time of the AAT's decision.

The primary legal issues before the court were: (1) whether an unsecured loan provided by Ms. Wanniarachchi to a related company could be considered part of her business asset for the purposes of satisfying the ownership interest requirement; and (2) whether Ms. Wanniarachchi had demonstrated sufficient day-to-day involvement in her business and knowledge of its financial affairs to satisfy the relevant criteria. The court also considered the applicant's residence and existing business in her home country, alongside her occasional visits to Australia, and the status of other members of her family unit.

The court reasoned that an unsecured loan to a related company did not constitute an ownership interest in the business for the purposes of the visa subclass. It found that the applicant's financial contribution in the form of a loan did not equate to holding shares or an equity stake in the business. Furthermore, while the applicant possessed some knowledge of the company's procedures and finances, the court was not satisfied that her involvement was sufficiently day-to-day to meet the legislative requirements. The court affirmed the AAT's decision, finding no error of law.