Xu (Migration)

Case

[2018] AATA 4066

27 August 2018


Xu (Migration) [2018] AATA 4066 (27 August 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Ms  Meijin Xu
Mr Jinguang Zheng
Ms Xiaoqian Zheng
Mr Guoying Zheng

CASE NUMBER:  1517896

DIBP REFERENCE(S):  BCC2014/2939858 BCC2014/2941110 BCC2014/2941112 BCC2014/2941116 BCC2014/2941119

MEMBER:Hugh Sanderson

DATE:27 August 2018

PLACE OF DECISION:  Sydney

DECISION:The Tribunal affirms the decision not to grant the first named applicant the Business Skills (Residence) (Class DF) Subclass 890 visa.

In respect of the applications of the second named visa applicants, the Tribunal does not have jurisdiction.

Statement made on 27 August 2018 at 1:59pm

CATCHWORDS
MIGRATION – Business Skills (Residence) (Class DF) visa – Subclass 890 (Business Owner) – net value of business – balance sheet – inconsistent information of taxable income – business purchased from migration agent – unsecured loan advance – loan to migration agent – loan repaid before hearing – applicant’s investment of funds – migration zone – no jurisdiction for second applicants – decision under review affirmed

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2 cl 890.212

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

  1. This is an application for review of a decision made by a delegate of the Minister for Immigration on 11 December 2015 to refuse to grant the visa applicant a Business Skills (Residence) (Class DF) Subclass 890 visa under s.65 of the Migration Act 1958 (the Act).

  2. The visa applicant applied for the visa on 5 November 2014. The delegate refused to grant the visa on the basis that the applicant did not meet the criteria in cl.890.212 because the delegate was not satisfied the applicant’s business had a net value of at least $100,000.

    Background

  3. The first named visa applicant (hereinafter the applicant) is a citizen of China. The second named visa applicants are her husband and two children who are currently aged 25 and 27 years old. The applicant was represented by her registered migration agent, Mr Zuwen Yuan.

  4. The application was lodged on 5 November 2014. The business the applicant claimed was her main business was ABC World Group Pty Ltd trading as ABC Education. In order to meet the criteria for the grant of the business the applicant was required to show the assets of the applicant and her spouse in the main business or businesses in Australia have a net value of at least $100,000 and did so throughout the period of 12 months ending immediately before the application was made. The applicant provided various documents claiming that this criterion was met.

  5. The delegate who considered the application noted the following issues:

    ·The balance sheet for ABC Education show the company had net liabilities of $5,917 at 30 September 2013 and $4,146 at 30 September 2014;

    ·The balance sheets included an unsecured loan advanced to ABC Business Migration Pty Ltd with an outstanding balance of $85,595 at 30 September 2013 and $92,173 at 30 September 2014;

    ·As the financial arrangement between ABC World Group Pty Ltd trading as ABC Education and ABC Business Migration Pty Ltd was an unsecured loan, with the inherent risk associated with unsecured loans, that was not counted towards the applicant’s net business assets;

    ·The balance sheet of ABC Education included loans in the amount of $200,000 advance to the company by the applicant;

    ·The applicant claimed she advanced the money to ABC Education in two instalments to the bank account of ABC World Pty Ltd, however, ABC World has a different Australian Business Number (ABN) to ABC Education and is thus not part of the applicant’s nominated main business;

    ·The applicant claimed ABC World transferred $100,000 to ABC Education a month after the transfer of funds to ABC World because a new bank account for ABC Education had not yet been set up;

    ·In June 2011 the applicant transferred a further $100,000 directly to ABC Education;

    ·The delegate noted that ABC Education did have an active account at the time of the transfer of money to ABC World undermining the credibility of the claims of the applicant;

    ·There was no reason why the applicant would have transferred money to ABC World and not held onto it so that she could have transferred directly to ABC Education; and

    ·The delegate found that the applicant had loaned $100,000 to the nominated main business and not $200,000 as shown on the balance sheet.

  6. Taking these matters into account, the delegate found that the financial position of the business was as follows:

Business asset

30 September 2013

30 September 2014

Net assets per financial statements

15,188

26,064

Add claimed loans to business

200,000

200,000

Less unsecured loans

- 85,595

- 92,173

Less amount assessed as not being a shareholder loan

- 100,000

- 100,000

Net total assets

$29,593

$33,891

  1. Based on these figures, the delegate was not satisfied the applicant met the criteria in cl.890.212 and refused the application. No claims had been made by the applicant to meet any alternate criteria or visa subclass. The delegate found, as the only claims of the second named visa applicants were as members of the family unit of a person who satisfies the primary criteria, their applications were also refused.

    Information to the Tribunal

  2. The Tribunal wrote to the applicant on 12 September 2017 inviting her to provide further information in support of the application.

  3. The Tribunal noted further that based on the movement records of the second named applicants the Tribunal did not appear to have jurisdiction in respect of their applications because they were either not in the migration zone at the time of the primary decision and at the time of the filing of the review application or at the time of the filing of the review application alone. The applicant was invited to provide submissions in respect of their applications. No response was received by the applicant in respect of the jurisdictional issues of the second named visa applicants.

  4. The applicant provided various documents in support of the application. This included a current and historical company extract from ASIC. This showed that the current director of ABC World Group Pty Ltd was the applicant and the previous director was Mr Yuan who was the migration agent acting for the applicant. The address provided for the applicant was the same address as that given for her agent.

  5. The applicant appeared before the Tribunal on 19 October 2017 to give evidence and present arguments. The Tribunal hearing was conducted with the assistance of an interpreter in the Mandarin and English languages. The applicants were represented in relation to the review by their registered migration agent, Mr Yuan, who attended the hearing.

  6. The Tribunal first raised the issue of whether it had jurisdiction to consider the applications of the second named visa applicants. The applicant and her agent acknowledged that the second named applicants were not present in Australia at the time the review application was filed and as such the Tribunal did not have jurisdiction to consider their applications. Accordingly, the decision of the Department to refuse their applications would stand.

  7. The Tribunal then raised with the applicant’s agent, Mr Zuwen Yuan, his interest in the applicant’s business and whether it was appropriate that he act for her.

  8. The applicant’s agent said that the applicant’s business, ABC World, was a subsidiary of his own businesses. He said that he was the chairman of the business. He said that he had a number of other businesses including ABC Business Migration, a social media company known as Asia Business Connection trading as ABC Imedia, ABC World Properties, and ABC World Development.

  9. The applicant’s agent said that he had sold the applicant the business ABC World as it was not doing very well and the applicant was willing to invest money into it. He said that his wife retains a 5% interest in this business.

  10. The Tribunal suggested to the applicant’s agent that there was a clear conflict of interest in his continuing to act for the applicant and asked why the matter should not be reported to the Migration Agent’s Registration Authority. The applicant’s agent said that he had always been acting for the applicant and that he had helped her get a business. He said he did not believe that there was any conflict of interest with his continuing to act for the applicant as he had explained everything to her and she wanted him to continue to act for her. He said that he had not charged her for providing her all the advice and he was doing this for her as a friend.

  11. The applicant began her evidence by reading a lengthy statement which she had prepared. The Tribunal advised her that she could provide a translation of this statement to the Tribunal after the hearing.

  12. The applicant said that as Mr Yuan had organised her subclass 163 visa she asked him to arrange for her to get permanent residence in Australia. She said that she was looking for a suitable business in Australia and Mr Yuan agreed to sell ABC World to her as he did not have time to make that business a success. She said that the business employed two people who were responsible for organising student visas. She said that the business had always employed only two people but sometimes there was an overlap and three people were employed. She said that because she does not speak English she merely travels to China and Chile (where she formerly lived) to contact clients.

  13. The applicant said that the profit for the business in the year ending June 2015 was $490,000. In June 2016 the profit was $318,000. In June 2017 the profit was $155,000. The applicant claimed that she had a taxable income in June 2016 of $115,000.

  14. The applicant gave a confused description as to how she purchased the business from Mr Yuan. She said that she bought the business for $200,000. She first said that the business was established in 2011 but then said that it was established in 2008, but was not operating. As she wanted to get into the education industry she decided to buy the business from Mr Yuan.

  15. The applicant said that she did not pay any money to Mr Yuan to buy the business. She said that he asked her to loan him money to allow him to run his other businesses. The applicant claimed that she put in $200,000 to ABC World. She said that she gave $100,000 to Mr Yuan’s other businesses. She gave confused information but it appears that she claimed that she paid Mr Yuan $60,000 and $40,000 at different times. She said that she did this to prove that she was genuine.

  16. The Tribunal referred to the documents that had been provided by the applicant showing that she had loan with Westpac for $1 million. She said that she had purchased a home for $1.4 million and this loan was to fund that purchase.

  17. The applicant claimed that she obtained the money to put into the business and provide money to Mr Yuan’s other businesses from her own savings. She said the money had been saved by her when she was living and working in Chile. She said that the money was not deposited at the same time as the bank account for the business had not been opened. She said that money was deposited into Mr Yuan’s account and then he transferred the money to ABC World’s account. She said they transferred the money in that manner to prove their credibility and that they trusted each other. She said that Mr Yuan had agreed to transfer the business to her as she was going to invest in the business and she offered to help him when he was financially tight. She agreed to do this as he would then help her apply for a permanent visa when she needed that help.

  18. The applicant said that she loaned $100,000 to Mr Yuan, but then he never returned that money. She said that they had a lot of disagreements over the $100,000. She said the money and interest was not returned to her until 16 October 2017 (three days prior to the hearing). She said an amount of about $120,000 was repaid.

  19. The applicant repeated the claims that had been made in respect of the investment into the business. She said that she paid two amounts into the account of Mr Yuan of $60,000 and $40,000. She then withdrew $100,000 from her mortgage account to invest into the business. She said the $60,000 and $40,000 came from her HSBC account.

  20. The applicant said that she had loaned the money to Mr Yuan because they had an agreement that the money would incur interest at 5% but there was a limit on how much it would be. She said that after the visa was rejected in 2015 she tried to get the money back, but Mr Yuan did not make any payments. She said that he only made the repayment recently after a long time chasing.

  21. The Tribunal gave the applicant further time to provide a translation of this statement that she had prepared for the hearing. The Tribunal indicated the credibility of the applicant was in question in light of the peculiar nature of the relationship the applicant had with Mr Yuan and questions as to the evidence he had presented to the Tribunal. The Tribunal requested further documents be provided, including evidence of bank transfers, evidence that the business is actively operating and details of the repayments made by Mr Yuan to substantiate the claims made by the applicant. The Tribunal requested the applicant provide tax records to show her income over the time that she had an interest in ABC World.

    Post-hearing information

  22. The applicant wrote to the Tribunal after the hearing stating that she realised having Mr Yuan as her migration agent was “very inappropriate” but had experienced difficulty in getting an alternate agent and had submitted documents on her own.

  23. The applicant made submissions to the Tribunal in respect of the application, claiming as follows:

    ·When she came to Australia she was investigating business opportunities in Australia to promote overseas education and had been aware of Mr Yuan’s interest in the ABC World Group of businesses as he had helped her get her subclass 163 Sponsored Business Owner (Provisional) visa;

    ·At that time, ABC World Group was hardly being run at all and was close to a shelf company, but the applicant believed that as the ABC brand was “famous within Australia’s Chinese community” it would make a wise investment;

    ·The applicant and Mr Yuan negotiated to take over the business and an agreement was reached on the following terms:

    o5% of ABC Education Group would be set aside for Mr Yuan’s family;

    oMr Yuan was required to act as the applicant’s migration consultant for the subclass 890 visa free of charge;

    oThe applicant was allowed to continue using the ABC brand but not change the company name, that is ABC World Group; and

    oIf other companies within the ABC brand name encountered financial difficulties then ABC World Group would lend the money “assuming ABC World Group has the financial ability to do so” with interest being charged on those loans;

    ·As ABC World Group did not have a bank account in its name, the applicant made two temporary transfers to Mr Yuan’s parent company, with the intention of re-transferring the money once ABC Education Group’s bank account had been opened;

    ·Once the account was opened, Mr Yuan then transferred the money into ABC Education Group’s bank account;

    ·There was a “verbal agreement” between the applicant and Mr Yuan to lend money to other ABC brand companies;

    ·The applicant’s business, ABC World Group, lent Mr Yuan’s ABC Business Migration a total of $92,173;

    ·At the time, ABC Business Migration was unable to repay the debt and the applicant “continuously went to ABC Business Migration to recover (her) money” but it was not repaid until 16 October 2017 (just before the hearing) and the repayment included interest; and

    ·The business has been “operating extremely well” but the company’s turnover and profits have dropped significantly since she was denied a visa.

  24. The applicant provided further documents including the following:

    ·Evidence of money being transferred from Chile to Australia;

    ·ATO tax assessments for the applicant showing that for the year ending 30 June 2015 she had a taxable income of $930, for the year ending 30 June 2016 a taxable income of $16,601, and for the year ending 30 June 2017 a taxable income of $764;

    ·An Intercompany Loan Agreement between ABC World Group and ABC Business Migration where ABC World Group provided a loan facility of $130,000 to ABC Business Migration ending 31 December 2015;

    ·Activity statements of ABC World Group for the period July 2016 to June 2017 disclosing total sales for that period of $156,617;

    ·Financial reports for ABC World Group showing total equity for the year ending June 2014 of $9,502.63, for the year ending June 2015 of $12,338.82 and for the year ending June 2016 of $12,328.79.

  25. For the following reasons, the Tribunal has concluded that the decision under review should be affirmed.

    CONSIDERATION OF CLAIMS AND EVIDENCE

    Jurisdiction with regard to the second named applicants

  26. The Tribunal wrote to the applicant on 12 September 2017 noting, with respect to the question whether the Tribunal had jurisdiction to consider the applications of the second named applicants, as follows:

    Based on the movement records of the second named visa applicants, the Tribunal appears not to have jurisdiction in relation to the secondary applicants for the following reasons:

    ·     The decision to refuse Mr Jinguang Zheng the grant of the visa is reviewable under s.338(7A) as he was not in the migration zone at the time of the visa application.  However, he does not satisfy s.347(3A) and s.347(3) as he was not in the migration zone at the time of primary decision and review application as required.

    ·     The decision to refuse Mr Guoying Zheng the grant of the visa is reviewable under s.338(2) as he was in the migration zone at the time of the visa application.  However, he does not meet s.347(3) as he was not in the migration zone at the time of the review application as required.

    ·     The decision to refuse Ms Xiaoqian Zheng the grant of the visa is reviewable under s.338(7A) as she was not in the migration zone at the time of the visa application.  However, she does not satisfy s.347(3A) and s.347(3) as she was not in the migration zone at the time of primary decision and review application.

  27. No written response was received by the applicant to this information. At the hearing, the second named visa applicants did not attend and the applicant and the applicants’ agent acknowledged that the Tribunal did not have jurisdiction to consider the applications of the second named applicants for the reasons set out above.

  28. For the above reasons, the Tribunal finds that the delegate’s decision in respect of the second named applicants is not a reviewable decision and accordingly the Tribunal finds that it does not have jurisdiction in respect of the applications of the second named applicants.

    Consideration of the primary application

  29. The issue in the present case is whether, at the time of the application, the assets of the applicant and her spouse individually or together in the business, ABC World Group Pty Ltd had a net value of at least $100,000 and had a net value of at least $100,000 throughout the period of 12 months ending immediately before the application was made.

  30. The first issue that was identified by the delegate which led the Department to conclude that the applicant did not meet the criteria was the claimed unsecured loan advanced to ABC Business Migration Pty Ltd which was itemised as an asset of the company. This was not accepted by the delegate as an asset as the loan was unsecured and it was considered the applicant may not be able to recover the debt as it is not secured by collateral.

  1. The delegate was also not satisfied that the applicant had invested $200,000 by way of a director’s loan into the business, but instead concluded the investment was only in the sum of $100,000.

  2. Without the loan to ABC Business Migration Pty Ltd and $100,000 of the claimed director’s loan being taken into account as an asset of ABC World Group Pty Ltd that business had a net value of less than $100,000 at the time of the application and for the 12 months ending immediately before the application was made.

  3. The purported loan was made by ABC World Group Pty Ltd to ABC Business Migration Pty Ltd was evidenced by an Intercompany Loan Agreement dated 1 June 2011. This provided a loan facility of $130,000 to ABC Business Migration Pty Ltd valid for the period from 1 June 2011 ending on 31 December 2015. The balance sheets provided by the applicant disclosed the loan to ABC Business Migration Pty Ltd in the sum of $85,595 as at 30 September 2013 and $92,173 as at 30 September 2014.

  4. One of the complicating factors when considering whether this loan should be taken into account when assessing the net assets of ABC World Group Pty Ltd is the relationship between the applicant and the previous director of ABC World Group Pty Ltd and ABC Business Migration Pty Ltd. This person is Mr Yuan who was acting as the migration agent for the applicant throughout these proceedings. It is now claimed Mr Yuan is no longer acting for the applicant, however the applicant has not notified the Tribunal that any other agent is acting for her. Mr Yuan’s wife retains a 5% interest in ABC World Group Pty Ltd. Mr Yuan said that he could not see any conflict of interest in his continuing to act for the applicant despite his involvement in selling the applicant the business and his wife continuing to have an interest in that business. He could not see any conflict of interest in the fact that a loan had purportedly been made to his business by ABC World Group Pty Ltd which was purportedly repaid just before the hearing with the applicant claiming she had been demanding it’s repayment for some time.

  5. The credibility of the information provided by the applicant is questionable. The applicant often gave her evidence in a confused manner, particularly when questioned about her relationship with Mr Yuan. The applicant gave inconsistent information during the hearing as to the profits of the business and her taxable income. She claimed the business had a profit of $318,000 for the year ending June 2016. The financial report provided by the applicant to the Tribunal after the hearing showed retained earnings at the end of the financial year of June 2016 of $12,228.79. This indicates either the applicant does not have any knowledge of the current status of the business or she was deliberately providing false information to the Tribunal at the hearing.

  6. The applicant claimed that she had a taxable income for the year ending June 2016 of $115,000. The Australian Taxation Office assessment for the year ending 30 June 2016 provided by the applicant after the hearing showed she had a taxable income of $16,601. In 2015 her taxable income was $930 and in 2017 it was $764. The fact that the applicant claimed that she had a taxable income, arising from the business, of $115,000 in 2016 when she actually had a taxable income of only $16,601 undermines the credibility of the applicant.

  7. The purported loan agreement between ABC World Group Pty Ltd to ABC Business Migration Pty Ltd was stated to end on 31 December 2015. Evidence was provided that on 16 October 2017 ABC Business Migration transferred to ABC World Group the sum of $121,745 described as “WG loan interest”. This was done three days prior to the hearing before the Tribunal.

  8. During the hearing, the applicant claimed that despite loaning approximately $100,000 to Mr Yuan he did not repay this debt and they had a lot of disagreements over that money up until the repayment, three days prior to the hearing. No evidence of any correspondence or other documentation has been provided that throughout the period from 2008 until 2017 was there any letter of demand or any action taken by the applicant to try to recover the claimed monies loaned to ABC Business Migration Pty Ltd or Mr Yuan. Despite claiming to be in dispute about a considerable sum of money and well past the expiry date of the purported loan, the applicant still employed Mr Yuan to act on her behalf her migration agent.

  9. The Tribunal does not accept that the purported loan by ABC World Pty Ltd to ABC Business Migration Pty Ltd can be considered an asset of the business when considering its net value. The purported Loan Agreement provides that the loan agreement is valid until 31 December 2015. There is no information to show that any actions taken either at that time or at any time after then to demand the repayment of the loan. The Tribunal does not accept the applicant’s claim that she “continuously went to ABC Business Migration to recover (her) money” when there is no independent evidence that she made any attempts to require the repayment of that debt. There is no evidence of any continuing calculation of interest on the claimed debt.

  10. The Tribunal has significant concerns as to the purported repayment of this debt. The debt, pursuant to the contract provided, was required to be repaid by December 2015. The applicant claimed she had been demanding its repayment for some time, and yet it was only just before the hearing that it appears the “loan” was repaid. There is no information that the applicant took any action to demand the repayment of that loan in accordance with the purported agreement.

  11. The Tribunal does not accept the purported payment by ABC Business Migration on 16 October 2017 to ABC World Group was a genuine repayment of that purported debt. The payment was made only three days before the hearing before the Tribunal. The payment was made almost two years after the purported loan agreement was said to have expired. There is no evidence which would indicate the purported repayment has been declared in any way by ABC World Group Pty Ltd. The Tribunal finds that the purported repayment has been made merely to support the claims made by the applicant and do not reflect a genuine repayment of the debt or that there ever has been that debt to ABC World Group Pty Ltd.

  12. The second issue identified by the delegate in their decision with the money purported to have been invested by the applicant into ABC World Pty Ltd from monies she claimed to have accumulated in Chile. The delegate was not satisfied that $100,000 of the $200,000 claim to have been invested by the applicant was her own money. This was based, in large part, by the fact that the money received by ABC World Pty Ltd did not come directly from the applicant’s account but instead was made by an unrelated business with a separate ABN (ABC Business Migration Pty Ltd) and then into ABC World Pty Ltd.

  13. As set out above, the relationship of the applicant and the business ABC World Pty Ltd with her migration agent and his associated business ABC Business Migration Pty Ltd is complex and fraught with conflicts of interest. As was raised at the hearing, the Tribunal has significant concerns to the credibility not only of the applicant but also of her agent and the information provided in support of the application. After the hearing the applicant claimed that she now realised she should not have had Mr Yuan acting for her as her migration agent as he was also intimately involved in the purported sale of the business to her and she was claiming the business she had bought from him had a significant loan to his personal business interests and Mr Yuan’s wife had a part interest in ABC World Pty Ltd. She claimed that she had not had time to obtain any further advice from the migration agent.

  14. The applicant has had more than sufficient time to obtain any advice from migration agent and for that agent to provide independent advice to the applicant. The applicant has not advised the Tribunal that she has taken any steps to obtain independent advice and it is questionable whether the applicant is continuing to obtain advice from Mr Yuan.

  15. The applicant provided three money transfers from Banco Santander in Chile in the name of the applicant dated 22 March 2011, 30 March 2011 and 2 June 2011. The total amount transferred was US$270,000. The first two transfers were deposited into the HSBC Bank in Sydney and the final amount of US$150,000 was transferred to the Westpac account. The applicant did not provide details of the bank accounts she claims to have held in Chile from where these amounts were transferred. It is not clear whether any of this money was indeed that of the applicant.

  16. The applicant claimed that ABC World Pty Ltd did not have an existing bank account at the time money was being transferred by the applicant into that business by way of a loan. The Tribunal does not accept that if the claimed investment by the applicant was genuine that an account would not have been established by ABC World Pty Ltd.

  17. ABC World Pty Ltd was an ongoing business which the applicant claimed she was purchasing from Mr Yuan. Although the applicant described the business as “close to a shell (sic) company” the company had in fact been in existence for some time. She also claims that she had multiple negotiations with Mr Yuan before he was willing to sell the business to her. The Tribunal finds that if the company was in existence and there was a period of negotiations before the sale of the business then there would be no reason why, if the applicant was to invest money into the business, a bank account would not have already been in existence in the name of the business.

  18. The money relied upon by the applicant is claimed to have been deposited into the account of Mr Yuan before then being deposited into the account of ABC World Pty Ltd. There is no adequate explanation as to why if ABC World Pty Ltd was making an unsecured loan to Mr Yuan’s business interests it would also be depositing money into his business accounts before depositing them into the account for ABC World Pty Ltd. The Tribunal does not accept the applicant would have transferred her money into the account of a company controlled by Mr Yuan for him to then transfer it to the applicant’s company just to show they could trust each other.

  19. In all the circumstances, the Tribunal is not satisfied that the applicant and her spouse individually or together held assets in ABC World Pty Ltd with a net value of at least AU$100,000. The Tribunal does not accept that the applicant invested AU$200,000 into ABC World Pty Ltd but that the investment from the business interests of Mr Yuan were independent of any investment made by the applicant. At most, the Tribunal finds that the applicant would have made an investment into the business by way of a loan of AU$100,000.

  20. Based on the above findings, the Tribunal finds that net business assets as at 30 September 2013 was $29,593 and as at 30 September 2014 was $33,891. Accordingly, the net value of the assets of the applicant in the business was less than AU$100,000 both at the time of the application and throughout the period of 12 months ending immediately before the application was made. Accordingly, the Tribunal finds that the applicant does not meet the criteria in cl.890.212

  21. There is no evidence before the Tribunal to suggest that the applicant meets the requirements for any other visa subclasses in Class DF.

    DECISION

  22. The Tribunal affirms the decision not to grant the first named applicant the Business Skills (Residence) (Class DF) Subclass 890 visa.

  23. In respect of the applications of the second named visa applicants, the Tribunal does not have jurisdiction.

    Hugh Sanderson
    Member


Areas of Law

  • Immigration

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Statutory Construction

  • Procedural Fairness

  • Judicial Review

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