Zhang (Migration)

The Administrative Appeals Tribunal considered a migration matter involving an applicant seeking review of a decision concerning a Business Skills (Residence) (Class DF) visa, specifically the Subclass 892 (State/Territory Sponsored Business Owner) visa. The core dispute revolved around whether the applicant's nominated main business had been actively operating in Australia throughout the relevant period, as required by the visa criteria.

The primary legal issue before the Tribunal was to determine whether the applicant continued to satisfy clause 892.221(a) of the Migration Regulations 1994, which in turn required an assessment of whether the nominated main business was actively operating in Australia from the time of application until the date of the Tribunal's decision. This involved examining the elements of clause 892.211(1), specifically the definition of the main business, the applicant's ownership interest, and the business's active operation in Australia.

The Tribunal noted that the applicant experienced significant health issues from 2016, leading to a pause in business operations from December 2017 until October 2019. While the applicant contended that she maintained control and that another individual managed day-to-day activities during this period, the Tribunal focused on the requirement for the business to be actively operating. Although the Tribunal made no definitive finding on the applicant's satisfaction of clause 892.211(1) as a whole, it gave the applicant the benefit of the doubt for the purposes of this decision, acknowledging the possibility that the criteria might have been met. Ultimately, the Tribunal concluded that the decision under review should be affirmed.