Wei (Migration)

The Administrative Appeals Tribunal considered the case of Mr. and Mrs. Wei concerning their application for a Business Skills (Provisional) visa, subclass 188. The central dispute revolved around whether the applicants had a history of involvement in business activities that are not generally acceptable in Australia, as stipulated by clause 188.211 of the relevant regulations.

The Tribunal was required to determine if the convictions recorded against the applicants for offences relating to trade marks constituted a history of involvement in business activities of a nature not generally acceptable in Australia. Specifically, the Tribunal had to assess the significance of convictions for exposing and possessing goods with false, removed, or falsely applied trade marks, as detailed in Australian Federal Police National Police Certificates.

The Tribunal reasoned that the convictions of both Mr. and Mrs. Wei for offences involving counterfeit goods indicated a pattern of behaviour that falls within the scope of "business activities that are not generally acceptable in Australia." The repeated convictions for such offences, including those involving the sale and possession of fake luxury goods, led the Tribunal to conclude that clause 188.211 was not satisfied. Consequently, the Tribunal affirmed the decision to refuse the visa applications.