ZHANG (Migration)

This matter concerns an application for review of a decision by a delegate of the Minister for Immigration and Border Protection to refuse to grant Business Skills (Residence) (Class DF) visas, specifically Subclass 892 (State/Territory Sponsored Business Owner) visas, to the applicants. The applicants had applied for these visas on 27 April 2015. The review was heard by the Migration and Refugee Division of the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether the first named applicant satisfied the criteria for the grant of the visa, specifically concerning the net assets in his nominated main business and his ownership interest in that business, and whether the business had been actively operating for at least two years prior to the application. The Tribunal also considered the "time of decision" requirement in light of the applicant ceasing to be a director of his nominated business and the business subsequently ceasing to operate.

The Tribunal affirmed the delegate's decision to refuse the visas. The reasoning was based on the finding that the first named applicant did not satisfy the requirements of clauses 892.211 and 892.212 of Schedule 2 to the Migration Regulations 1994. Crucially, the Tribunal found that the applicant's nominated main business, J & J Projects Pty Ltd, had ceased to operate and that the applicant had ceased to be a director of that company in 2016, prior to the delegate's decision. While the applicant had established a new business, Australia Horizon Adventure Pty Ltd, this business was registered in February 2016 and had not been operating for the required two-year period prior to the visa application. The Tribunal also noted that J & J Projects Pty Ltd was subsequently ordered to be wound up.