Zheng (Migration)

The Administrative Appeals Tribunal considered an application for a Business Skills (Provisional) visa, Subclass 188, Business Innovation stream. The applicant, Mr Zheng, nominated ZY Plaster Pty Ltd as his main business. The dispute centred on whether ZY Plaster Pty Ltd met the requirements of a "main business" under the relevant regulations, specifically concerning the applicant's ownership interest and the business's annual turnover.

The Tribunal was required to determine whether ZY Plaster Pty Ltd qualified as a "main business" for the purposes of the visa application. This involved assessing whether the applicant had an ownership interest in the business and whether the business had achieved an annual turnover of at least $500,000 for at least two of the four fiscal years preceding his invitation to apply for the visa. The definition of "ownership interest" as a shareholder in a company carrying on the business was also a key consideration.

The Tribunal noted that the applicant initially held 100% ownership of ZY Plaster Pty Ltd, which was incorporated in June 2014. However, by September 2018, his ownership had reduced to 55% due to share transfers to other individuals. The Tribunal found that the applicant's submissions regarding the business's eligibility under clause 188.225 of Schedule 2 to the Regulations required reconsideration. Consequently, the Tribunal remitted the applications for Business Skills (Provisional) visas for reconsideration by the Department, with a direction that the first applicant, Mr Zheng, be assessed against the criteria in clause 188.225. The applications of the other named applicants, who applied as family unit members, would be determined by reference to the outcome of Mr Zheng's reconsidered application.