ZHANG (Migration)

This matter concerned an application for review of a decision to refuse to grant the applicant a Subclass 188 Business Innovation and Investment (Provisional) visa in the Investor stream. The primary issue was whether the applicant, and his spouse or de facto partner, had met the requirement for business and personal assets to have a net value of at least AUD2,250,000 for the two fiscal years immediately preceding the invitation to apply.

The Tribunal was required to determine if the applicant had provided sufficient evidence to satisfy clause 188.245(a) of Schedule 2 to the Regulations, which mandates the specified net asset value. The Tribunal also considered the applicant's failure to provide requested documentation to the Department and subsequently to the Tribunal, despite repeated requests and advisories regarding the consequences of non-compliance. Furthermore, the Tribunal had to assess the eligibility of the second-named applicant, who was not a primary applicant and had not received an invitation to apply in her own right.

The Tribunal affirmed the delegate's decision to refuse the visa. This was based on the applicant's failure to provide any evidence demonstrating the required net asset value for the relevant period (1 January 2017 to 31 December 2018). The Tribunal noted a pattern of the applicant ignoring correspondence and failing to provide requested information or attend scheduled appointments. Regarding the second-named applicant, the Tribunal found she did not meet the secondary criteria under clause 188.311 as she was not part of a family unit where the primary applicant held a Subclass 188 visa granted on the basis of satisfying primary criteria. She also failed to meet the primary criteria under clause 188.241 as there was no evidence she received an invitation to apply in her own right.

The Tribunal affirmed the decision not to grant the applicants Business Innovation and Investment (Provisional) Subclass 188 visas in the Investor stream.