Yu v Minister for Immigration, Citizenship, Migrant Services & Multicultural Affairs [2020] FCA 209

Yu v Minister for Immigration, Citizenship, Migrant Services & Multicultural Affairs [2020] FCA 209

The Migration Regulations require the applicant for a Business Owner visa to satisfy the 'ownership interest' criterion not only at the time of application but also at the time of the relevant decision, which includes the time of the Tribunal's decision on review. Because the applicant no longer held an ownership interest at the time of the Tribunal's decision, she could not satisfy the criterion, and the appeal is accordingly dismissed.

Parties
First Appellant: Dai Yu; Second Appellant: Xinyue Yu; Third Appellant: Qiang Bi; First Respondent: Minister for Immigration, Citizenship, Migrant Services & Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
14 February 2020
Procedural Posture
Appeal / Federal Court Appeal From Federal Circuit Court
Outcome
Appeal dismissed
Legal Topics
Business Owner Visa, Ownership Interest, Merits Review, Criteria at Time of Decision
Migration Law Administrative Law Business Owner Visa Ownership Interest Merits Review Criteria at Time of Decision

Case Brief

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Parties

Dai Yu

First Appellant

Xinyue Yu

Second Appellant

Qiang Bi

Third Appellant

Minister for Immigration, Citizenship, Migrant Services & Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Federal Court Appeal From Federal Circuit Court

Legal Issues

  1. 1 Whether the primary applicant for a Business Owner visa must satisfy the 'ownership interest' criterion at the time of the Administrative Appeals Tribunal's review decision, or whether it is sufficient to have satisfied it at the time of the delegate's decision

Ratio Decidendi

The Migration Regulations require the applicant for a Business Owner visa to satisfy the 'ownership interest' criterion not only at the time of application but also at the time of the relevant decision, which includes the time of the Tribunal's decision on review. Because the applicant no longer held an ownership interest at the time of the Tribunal's decision, she could not satisfy the criterion, and the appeal is accordingly dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellants pay the first respondent's costs.