Zhang (Migration)

This matter concerned an appeal by the applicant, Zhang, against a decision of the Administrative Appeals Tribunal concerning a Subclass 892 (State/Territory Business Owner) visa. The central dispute revolved around whether the applicant had maintained a direct and continuous involvement in the management of their business, Melbourne Kingdom Group Pty Ltd, trading as Zen Charcoal BBQ, such that it qualified as a 'main business' for the purposes of the Migration Regulations 1994.

The Administrative Appeals Tribunal was required to determine whether the applicant had an ownership interest in the business for at least two years prior to the visa application and at the time of the application, and whether the business was actively operating and met the definition of a 'main business' during that period. Specifically, the Tribunal needed to assess the applicant's direct and continuous involvement in the management of Zen Charcoal BBQ.

The Tribunal found that the applicant was the sole director and shareholder of Melbourne Kingdom Group Pty Ltd, the company operating Zen Charcoal BBQ, as indicated by ASIC records. This satisfied the ownership interest criterion. However, the Tribunal noted that the applicant's lack of Korean language skills and the nature of operating an "authentically Korean restaurant" raised questions about their direct involvement in the day-to-day management. The Tribunal considered whether the applicant's awareness of staff identities in a small business and their involvement in employment and lease agreements demonstrated sufficient direct management. Ultimately, the Tribunal concluded that the matter should be remitted to the Minister for further consideration.