Yew (Migration)

This matter concerned an appeal by Yew against a decision of the Migration Review Tribunal (MRT) regarding her application for a Subclass 892 State/Territory Sponsored Business Owner (Residence) visa. The core of the dispute revolved around whether Yew had met the requirement for formal share ownership in her main business, an operating café in regional Australia.

The primary legal issue before the Federal Court was whether the MRT had erred in law by finding that Yew did not satisfy the formal share ownership requirement for the visa. Specifically, the court had to consider whether the MRT had adequately addressed the evidence suggesting that, despite ASIC records showing all shares were held by Yew's spouse, Yew held half of those shareholdings beneficially. The court also considered whether the business was operated for the provision of goods and services as required.

The Court found that the MRT had failed to properly consider the evidence of beneficial ownership and the implications of the amended ASIC records. It was held that the Tribunal's conclusion that Yew lacked formal share ownership was not open to it on the evidence presented. The Court determined that the MRT had not adequately engaged with the applicant's case regarding her beneficial interest in the business.

Consequently, the Federal Court allowed the appeal and remitted the decision to the Migration Review Tribunal to be heard and determined according to law.