Zhang (Migration)

This matter concerned an application for a Business Skills (Provisional) visa (subclass 188) by Ms Miao Zhang, with her application being considered in relation to her family unit. The core dispute revolved around whether Ms Zhang had made a "complying investment" as required by the relevant regulations, specifically concerning the source and nature of the funds used for the investment. The decision was made by Member Sheridan Lee of the Tribunal.

The Tribunal was required to determine two primary legal issues. Firstly, whether the funds used by Ms Zhang for her investment were unencumbered and lawfully acquired, as stipulated by regulation 5.19B(3) of the Migration Regulations. Secondly, the Tribunal needed to ascertain whether Ms Zhang remained in possession of the necessary AUD5 million at the time of the review.

The Tribunal's reasoning focused on the evidence presented regarding a Deed of Gift from Ms Zhang's father, Fumin Zhang, transferring RMB25,600,000. The Tribunal was satisfied that Longten Pty Ltd, acting as trustee for the Zhang Family Trust and controlled by Mr Zhang, had the legal authority to disperse these funds to Ms Zhang. Crucially, the Tribunal noted that finalised financial statements for the relevant period, along with subsequent Australian Taxation Office records, demonstrated that Longten had met its income tax obligations. Furthermore, evidence of term deposit statements showed that Ms Zhang had maintained possession of the AUD5 million investment through successive rollovers, with the most recent statement indicating a balance exceeding the required amount.

Consequently, the Tribunal remitted the application for reconsideration by the Department, with a direction that Ms Zhang met the requirements of regulation 5.19B(3) for the purposes of clause 188.252(1) of Schedule 2 to the Regulations. The applications of any other family members applying as part of Ms Zhang's family unit would be determined by reference to this outcome.