Zhang (Migration)

This matter concerned an application for a Business Skills (Provisional) visa, Subclass 188, brought by Mr Zhang. The primary dispute before the Administrative Appeals Tribunal (AAT) was whether Mr Zhang had met the requirements of clause 188.252 of Schedule 2 to the Migration Regulations 1994, specifically concerning the making of a complying significant investment and a genuine intention to hold that investment for at least four years.

The Tribunal was required to determine whether Mr Zhang had made a complying investment of at least AUD5,000,000 and whether he had a genuine intention to hold this investment for a minimum of four years. Central to this determination was the interpretation of "complying investment" as defined in regulation 5.19B, which outlines the nature of the investment, the source of funds, and how the investment must be made. The delegate had been unsatisfied that the nominated assets were unencumbered and lawfully acquired, despite Mr Zhang’s explanation of accumulating his wealth through real estate development in China.

The Tribunal reasoned that the applicant had provided sufficient information to satisfy the requirements of clause 188.252. While the delegate had concerns regarding the unencumbered and lawfully acquired nature of the assets, the Tribunal found that the applicant’s explanation regarding his personal assets derived from real estate development since 1997 was adequate. The Tribunal concluded that the lack of specific financial documents, in this instance, was not detrimental to the applicant's case in meeting this particular clause.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with the direction that Mr Zhang had met the criteria under clause 188.252 of Schedule 2 to the Regulations. The Minister was to consider the remaining criteria for the grant of the Subclass 188 visa.