商业移日常管理要求的理解

不管是163还是188移民,都有日常管理要求。这个管理要求很多人误解为居住要求,比如在澳洲2年内至少住1年。
实际上这个是不同的要求。
Sun & Anor v Minister for Immigration & Anor [2015] FCCA 1266 (18 May 2015)
在以上的案例中,一个申请人离开澳大利亚只有不到半年,移民局还是认为他不满足日常管理的要求,没有发给他签证。MRT也做出了同样的决定。
The Tribunal accepted that the Applicant maintained a level of involvement in the business while she was in China and that the Applicant discussed with her husband aspects of the business through telephone calls and email correspondence. However, the Tribunal was not satisfied that this amounted to direct and continuous involvement in the management of the business from day-to-day (para 17). In particular, it found that the business was managed directly and continuously by the Applicant’s husband for the three month period in 2011 when the Applicant was in China.
Judge Simpson 的看法
In my opinion, on a plain reading of reg.1.11(1)(b) it cannot be said that the Applicant, whilst she was overseas, maintained a direct and continuous involvement in the management of the business from day-to-day, including making decisions, affected the overall direction and performance of the business. Whilst the Applicant may have attempted to continue such an involvement it is practically impossible for her to “directly and continuously” be involved in the management of the business from day-to-day. To suggest otherwise does not accord with common sense. Day-to-day management requires continuity and regular activity by the Applicant. It was not present in this case.
They say that, given the nature of the business and that it required hands-on management, the Tribunal’s conclusion was reasonable, logical and open on the material before it. The Respondent submits that the Court should reject this ground.
以后所有想通过海外管理澳洲普通业务公司的方案基本无法实施,但是进出口公司我认为还是可以考虑given the nature of business。

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关于 李博
李博,移民代理,管理学学士,移民法硕士。2003年留学来澳,曾在悉尼大学,国立大学学习法律课程并获得移民代理注册。帮助众多客户处理留学,移民过程中的签证相关问题。善于解决各类移民法律疑难问题。

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