Weerathunga (Migration)

The Administrative Appeals Tribunal considered an application for a Business Skills (Provisional) Subclass 188 visa made by Mr. Weerathunga. The primary decision maker had refused the visa, and the Tribunal was tasked with reviewing this decision. The core dispute revolved around whether Mr. Weerathunga met the specific criteria for the visa, particularly concerning his business and personal assets.

The Tribunal was required to determine two key issues. Firstly, whether Mr. Weerathunga possessed business and personal assets with a net value of at least AUD800,000, available for establishing or conducting a business in Australia, as required by clause 188.226 of Schedule 2 to the Regulations. Secondly, the Tribunal had to assess whether Mr. Weerathunga met the "main business" criteria under clause 188.225 of Schedule 2, which necessitates an ownership interest in an established main business with an annual turnover of at least AUD500,000 for two of the four fiscal years preceding the invitation date. This involved examining the definition of "main business" as set out in regulation 1.11 of the Regulations, including the requirement for direct and continuous involvement in the management of the business.

In relation to the asset valuation for clause 188.226, the Tribunal was not satisfied with the evidence provided regarding the valuations of Mr. Weerathunga's property assets in Sri Lanka at the time of his visa application. Specifically, the Tribunal noted a lack of explanation for the valuations after the revocation of life interests, which would typically be expected to result in lower values. Regarding the "main business" criteria under clause 188.225, the Tribunal considered the Business, a joint venture with his parents, and the relevant fiscal years ending 31 March 2014 and 31 March 2015. However, the provided text focuses on the asset valuation issue as the primary reason for affirming the delegate's decision.

Consequently, the Tribunal affirmed the decision not to grant Mr. Weerathunga's Business Skills (Provisional) Subclass 188 visa.