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[2007] AATA 1413
appellant. The Tribunal affirmed the Minister's decision to cancel Mr Ip's business visa. The decision takes effect on the 28th day after the date of the decision (7 June 2007) pursuant to s 134(8) of the Act.
The Administrative Appeals Tribunal upheld the cancellation of Mr Ip's business visa because he failed to maintain genuine business activity in Australia. Although Mr Ip had owned shares in two companies—Koala Garment (a textile manufacturer) and Noble Group Management (a proposed health spa)—the Tribunal found that neither qualified as an 'eligible business' at the time of cancellation. Koala had ceased operations and was being wound up, while Noble never progressed beyond preliminary lease negotiations. The Tribunal also found that Mr Ip, who lived in Hong Kong and had only spent 36 days in Australia since receiving his visa, had not made a 'genuine effort' to actively manage these businesses. His proposed new franchise business was considered too speculative. The Tribunal could not consider hardship to Mr Ip's son because the son had not separately applied for review of his own visa cancellation.
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I certify that the thirty-nine (38) preceding paragraphs are a true copy of the reasons for the decision herein of:
Solicitor for the Respondent Mr T Eteuati, Clayton Utz
Hope
Bathurst City Council
Hope v Bathurst City Council [1980] HCA 16; (1980) 29 ALR 577
Kim v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 31
Ming Tang and Minister for Immigration and Multicultural Affairs [2000] AATA 997
Neat Domestic Trading Pty Limited v AWB Limited and Another [2003] HCA 35; (2004) 216 CLR 277
Re Drake v Minister for Immigration (No 2) [1979] AATA 179; (1979) 2 ALD 634
(2004) 216 CLR 277
(1980) 29 ALR 577
The Tribunal affirmed the Minister's decision to cancel Mr Ip's business visa. The decision takes effect on the 28th day after the date of the decision (7 June 2007) pursuant to s 134(8) of the Act.