Matter Refused: Business Owner Visa

This decision considered ownership of interest.

The applicant applied for the permanent Subclass 845 (Established Business) visa in Australia. A delegate of the Minister for Immigration and Citizenship refused to grant the applicants visa because the visa applicant did not satisfy cl.845.213 of the Migration Regulations 1994 (the Regulations). This is not a matter our firm handled.

The immigration case officer was not satisfied that at the time of application the visa applicant had an ownership interest in one or more established main businesses in Australia for the 18 month period immediately preceding the visa application.

The visa applicant claimed on review that, although not formally appointed to the position, she oversaw staff, managed logistics and acted in the capacity of a director of an established main business in Australia.
Held: Decision under review set aside.

On review it was accepted on the basis of the available evidence that the applicant had a 20 per cent shareholding in a business operated for the purpose of supplying goods to Australian markets.

On review it was also agreed to that, although the business had been structured through a family trust and the applicant’s step-father was principal of the trust and only director of the company, the applicant was actively involved in the daily operations of that business as well as its management and overall direction.

It was concluded that the primary applicant had and continued to have an ownership interest in an established main business in Australia for the 18 month period immediately preceding the visa application. Accordingly it was found that the applicants satisfied cl.845.213 of the Regulations for the grant of the visas.

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