Zhang and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)

This matter concerned the review of decisions to cancel the business visas of the First Applicant, Zhimin Zhang, his wife, Zhiying Xu, and their son, Xinsong Zhang. The visas were cancelled under s 134(1) of the Migration Act 1958 (Cth). The Applicants sought review of these cancellation decisions before the Tribunal.

The Tribunal was required to determine whether the First Applicant had obtained a substantial ownership interest in an eligible business in Australia, and whether he was actively utilising his skills in participating at a senior level in the day-to-day management of such a business. Additionally, the Tribunal considered whether a bar to cancellation under s 134(2) of the Act applied, specifically whether the cancellation of the visas would cause the First Applicant's wife or son extreme hardship.

The Tribunal found that no eligible business was identified that met the requirements of the Act. Furthermore, the First Applicant was not found to be actively participating at a senior level in the day-to-day management of any business. The Tribunal also concluded that there was no evidence presented to suggest that the cancellation of the visas would cause the First Applicant's wife or son extreme hardship, which would otherwise prevent cancellation. Consequently, the Tribunal affirmed the decisions to cancel the Applicants' visas.