Wen (Migration)

The Administrative Appeals Tribunal considered the case of Mrs Wen, who sought a Business Skills (Residence) (Class DF) visa, subclass 890 (Business Owner). The dispute centred on whether Mrs Wen met the criteria for the visa, specifically concerning the net value of assets in her main Australian business.

The primary legal issue before the Tribunal was to determine if Mrs Wen satisfied clause 890.212 of Schedule 2 to the Migration Regulations 1994. This clause requires that the net value of the applicant's assets, or those of their spouse or de facto partner, in their main Australian business or businesses must be at least AUD100,000, both at the time of application and throughout the preceding 12 months, and that these assets must have been lawfully acquired.

The Tribunal affirmed the decision not to grant the visa. It found that the evidence provided to support the valuation of Property Plant & Equipment, specifically a tax invoice for warehouse accumulators, raised serious doubts about its authenticity. The Tribunal noted the use of "VAT" on an invoice purportedly from an Australian entity, which is typically associated with European jurisdictions, and questioned the claim of cash payment for a significant sum. Consequently, the Tribunal concluded that the applicant had not demonstrated that the net value of her business assets met the required threshold. As the primary applicant did not meet the criteria, the applications of other family members were also affirmed.