Book contents
- Frontmatter
- Contents
- Table of cases
- Table of statutes
- Preface
- Acknowledgments
- 1 Historical context to migration
- 2 Immigration control: an overview
- 3 Basic migration legislation and policy
- 4 The visa system and application procedures
- 5 Family and interdependency migration and other Australia-based visas
- 6 Business and investment visas
- 7 Skill-based visas
- 8 Temporary visas
- 9 Miscellaneous visas
- 10 Common visa requirements
- 11 Compliance: unlawful non-citizens, removal and deportation
- 12 History of the Refugees Convention and definitional framework
- 13 Refugee and humanitarian visas: the statutory structure
- 14 Convention grounds
- 15 Persecution
- 16 Well-founded fear of persecution
- 17 Limits on protection of refugees — cessation, exclusion exceptions and protection by another country
- 18 Time for a fundamental re-think: need as the criterion for assistance
- 19 The determination and review process for migration and refugee decisions
- Index
6 - Business and investment visas
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- Table of cases
- Table of statutes
- Preface
- Acknowledgments
- 1 Historical context to migration
- 2 Immigration control: an overview
- 3 Basic migration legislation and policy
- 4 The visa system and application procedures
- 5 Family and interdependency migration and other Australia-based visas
- 6 Business and investment visas
- 7 Skill-based visas
- 8 Temporary visas
- 9 Miscellaneous visas
- 10 Common visa requirements
- 11 Compliance: unlawful non-citizens, removal and deportation
- 12 History of the Refugees Convention and definitional framework
- 13 Refugee and humanitarian visas: the statutory structure
- 14 Convention grounds
- 15 Persecution
- 16 Well-founded fear of persecution
- 17 Limits on protection of refugees — cessation, exclusion exceptions and protection by another country
- 18 Time for a fundamental re-think: need as the criterion for assistance
- 19 The determination and review process for migration and refugee decisions
- Index
Summary
Overview
The migration legislation meets the government's policy aim of strengthening the economy by providing for various temporary and permanent visas that are dependent on the applicant having a successful business or investment history and, for some visas, a willingness to invest and operate in regional areas that are prescribed by Gazette notice.
Permanent visas are divided into two general categories — skilled and business. The skills stream is discussed in the following chapter.
There has been limited litigation in the business/investment area of the migration jurisdiction and where applicants have failed at the merits level of decision-making it is often because they have failed to meet a threshold criterion that does not require judicial interpretation. For instance, where an applicant cannot demonstrate any responsible role in the operations of a business or where an applicant whose application is dependent on the spouse meeting the relevant criteria is divorced at the relevant time.
Since 1 March 2003, all business skills applicants (with the exception of subclass 132 business talent applicants) seeking to come to Australia to establish or buy into a business or make a designated investment are required first to apply for a temporary (provisional) visa and subsequently, after a qualifying period in Australia and provided they continue to meet the relevant business/investor criteria, for an equivalent residence visa.
- Type
- Chapter
- Information
- Migration and Refugee LawPrinciples and Practice in Australia, pp. 84 - 102Publisher: Cambridge University PressPrint publication year: 2005