Zhao (Migration)

This matter concerned an application for a Business Skills (Residence) (Class DF) visa, Subclass 892, made by Ms Jing Zhao, with secondary applicants Mr Zekang Wang and Ms Wang Chuchu. The primary dispute revolved around whether the applicant's main business in Australia had achieved an annual turnover of at least AUD200,000 in the 12 months preceding the visa application, as required by clause 892.213 of the Migration Regulations 1994. The Tribunal, presided over by Susan Hoffman, was tasked with determining if this turnover threshold had been met.

The legal issues before the Tribunal were twofold: first, to ascertain the meaning and application of "main business" as defined in regulation 1.11 of the Migration Regulations, and second, to determine if the applicant's nominated business, Zhiku Pty Ltd, met the annual turnover requirement stipulated in clause 892.213(2). The definition of "main business" requires an applicant to have an ownership interest, direct and continuous involvement in management, and a specified percentage of ownership based on turnover. The definition of "ownership interest" under section 134(10) of the Migration Act 1958 includes being a shareholder in a company.

The Tribunal found that the applicant, Ms Zhao, held 100% of the shares in Zhiku Pty Ltd since its inception, thereby satisfying the ownership interest criterion under regulation 1.11(1)(a). The Tribunal also considered the applicant's personal statement, which indicated her extensive experience in business and her active involvement in establishing and managing Zhiku Pty Ltd, suggesting she met the requirement for direct and continuous involvement in management. However, the crucial element of the annual turnover of Zhiku Pty Ltd remained to be definitively determined.

Given the findings regarding the applicant's ownership and management involvement, the Tribunal remitted the matter to the Minister for reconsideration of the remaining criteria for the visa. The Tribunal directed that the primary applicant, Ms Jing Zhao, met the criteria for a Subclass 892 visa concerning clause 892.213 of Schedule 2 to the Regulations, implying that the turnover issue would be further assessed.