Warnakula Weerasuriya (Migration)

The Administrative Appeals Tribunal considered the applications of Warnakula Weerasuriya and two other individuals for Business Skills (Residence) (Class DF) visas, specifically Subclass 892 (State/Territory Sponsored Business Owner). The dispute centred on whether the primary applicant met the requirement of having an ownership interest in one or more actively operating main businesses in Australia for at least two years prior to the application. The applicants relied on the operations of three distinct entities to satisfy this criterion.

The Tribunal was required to determine whether the primary applicant's business activities, conducted through three separate entities, cumulatively satisfied the requirement of operating a main business for at least two years. Specifically, the Tribunal had to assess if the registered business, which had operated for less than two years, could be considered part of a larger, consecutively operated main business that met the full two-year timeframe.

The Tribunal reasoned that the primary applicant had operated the main business consecutively through the three entities for the required timeframe, despite the registered business itself operating for less than two years. Consequently, the Tribunal found that the primary applicant met the criterion outlined in cl.892.211(1) of Schedule 2 to the Regulations. The applications were remitted to the Department for reconsideration, with the direction that the primary applicant met the relevant visa requirement. The applications of the second and third named applicants, who applied as members of the primary applicant's family unit, would be determined based on this outcome.