Zhang (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking review of a decision concerning a Business Skills - Business Talent (Permanent) Subclass 132 visa. The applicant, a Chinese national, applied for the visa in July 2018, nominating the 2016 and 2017 fiscal years as the relevant period for demonstrating business history. The core issue before the Tribunal was whether the applicant had maintained direct and continuous involvement in the day-to-day management and strategic decision-making of their main business for at least two of the four fiscal years preceding their invitation to apply for the visa.

The Tribunal was required to determine if the applicant's nominated business, Beijing Fineter Vessel Co., Ltd (BFV), qualified as a "main business" under regulation 1.11 of the Migration Regulations 1994. This involved assessing whether the applicant met the criteria of having an ownership interest, direct and continuous involvement in management, and whether the value of their ownership interest met the required thresholds for a non-publicly listed company with an annual turnover of at least AUD 400,000. The Tribunal also needed to consider if BFV was a "qualifying business."

In its reasoning, the Tribunal noted that the applicant held a 34.28% ownership interest in BFV, which satisfied the ownership value requirement for a non-publicly listed company with an annual turnover exceeding AUD 400,000. The Tribunal found that the applicant had demonstrated involvement in the day-to-day management and strategic decision-making of BFV, evidenced by numerous documents including employment contracts, sales contracts, price lists, financial control system approvals, meeting minutes, training records, balance sheets, income statements, and various reports. Based on the evidence presented, the Tribunal concluded that BFV was a qualifying business and that the applicant had met the criteria for direct and continuous involvement in its management.

Consequently, the Tribunal remitted the decision under review for reconsideration, finding that the applicant had satisfied the requirements of subclause 132.225 of the Migration Regulations.