Yew (Migration)

This matter concerned an application for a Business Skills (Residence) (Class DF) visa, specifically a Subclass 892 (State/Territory Business Owner) visa, by Ms Yew and her family. The dispute centred on whether Ms Yew met the requirements of clause 892.212 of Schedule 2 to the Regulations, which pertains to the value of net business and personal assets. The decision was made by the Tribunal.

The primary legal issue before the Tribunal was to determine if Ms Yew satisfied the criteria under clause 892.212 of Schedule 2 to the Regulations. This clause requires an applicant, their spouse, or both together in their main Australian business(es) to meet at least two of three specified requirements. The Tribunal had previously found that the nominated business, "the Company," qualified as a "main business" under regulation 1.11(1).

The Tribunal reasoned that to satisfy clause 892.212, Ms Yew needed to meet at least two of the three sub-clauses. The evidence presented indicated that Ms Yew did not meet two of these criteria. Consequently, the Tribunal concluded that Ms Yew could not satisfy clause 892.212. Furthermore, the Tribunal noted a potential issue with clause 892.221(b), observing that the net business assets had decreased to a deficiency after accounting for director's loans, and that combined assets appeared to fall short of the required AUD250,000 at the time of the decision.

As an essential requirement for the visa was not met, the Tribunal affirmed the decision under review. Because Ms Yew failed to satisfy the primary criteria, her family members, as secondary applicants, were also unable to satisfy clause 892.311. Therefore, the decisions in relation to all applicants were affirmed.