Wu (Migration)

This matter concerned an application for review of a decision to refuse a Business Skills (Residence) (Class DF) Subclass 890 visa. The applicant sought to demonstrate that they had met the criteria for ownership and active involvement in an Australian business. The decision was made by the Tribunal.

The primary legal issues before the Tribunal were whether the applicant had continuously maintained an ownership interest in an actively operating main business in Australia for at least two years prior to the application, and whether they continued to satisfy this criterion at the time of the application and the decision. This included assessing whether the applicant had maintained direct and continuous involvement in the day-to-day management and decision-making of the business.

The Tribunal considered the applicant's described duties in their business, Authentic Japanese Noodles (GOUGER Street) Pty Ltd, which involved significant daily operational involvement. However, the Tribunal noted extensive periods of absence from Australia, including a period of over 15 months between September 2016 and February 2018, and a further continuous absence of over nine months at the time of the scheduled hearing. Given these prolonged absences, the Tribunal was not satisfied that the applicant had maintained the required direct and continuous involvement in the management of the business, and therefore concluded that the essential criteria for the visa were not met.

Consequently, the Tribunal affirmed the decision to refuse the applicant the Business Skills (Residence) (Class DF) Subclass 890 visa.