Subclass 163 Business Visa for Australia

As a potential applicant for the subclass 163 business visa, what are your chances of successfully obtaining this visa?

In my experience as an Australian business visa specialist, this question invariably follows after I have assessed someone as being eligible for an Australian business visa 

It’s a good question and should be asked particularly if you are using a migration agent to represent you, they should be able to give you their professional opinion and explain why.  

Recently I was contacted by a person who was seeking advice as his subclass 163 visa application has been recently refused by the Department of Immigration and Citizenship.  The application had been lodged February 2009 and refused in September 2009).

He had engaged a migration representative who was not a registered agent to represent him and after reading the decision record on his case I was quite taken aback by some of the basic mistakes that were made.  One example was that the representative had provided in the initial application asset evidence which was more than a 1 year old.  Any competent migration agent should know that when providing evidence of asset level of the Australian business visa applicant, all documents must contain the same single date within 3 months preceding the application being lodged. 

The provision of out of date asset evidence will not necessary invalidate or initially be a reason to refuse the 163 business visa application.  The case officer did make a number of requests for the proper evidence to be provided but the representative continued to provide evidence that did not correspond to the relevant dates.  Unfortunately it then became the main reason the business visa applcication was refused as the case officer was not satisfied that the applicant met the minimum net asset level as required under the migration regulartions for the subclass 163 business visa.

In my communications with the visa applicant I also found that he was under the impression form his representative that he had the right to appeal the decision.  He was innocently enquiring as to whether I would be able to represent him in the appeal to the Migration Review Tribunal.  I had to strongly advice him that he as the 163 business visa applicant in fact was never entitled to appeal.  The subclass 163 business visa is an offshore visa and therefore the visa applicant had no recourse to appeal the decision.  Under the migration rules, only the sponsoring authority had the right to appeal.  In his case it was the Victorian government, BUT if he checked the conditions under which Victorian grants it’s state sponsorship for sponsored Australian business visas like the subclass 163, he would see that they do not participate in MRT appeals. 

I am writing this article to emphasise to potential Australian business visa applicants when they are looking into the prospect of applying for an Australian business visa to do the following:-

1.  Seek out assistance of registered migration agent, they can be located visa  - www.mara.com.au (MARA is the professional body that regulates the proper conduct of Australian migration agents).

2.  Ask your migration agent what your chances are and why – Even if you feel that you more than qualify to apply according to the subclass 163 or any other Australian business visa requirements, ask this important question.  A good migration agent is a someone who has good technical ability, excellent critical analysis skills and sound judgment. 

3. DIAC case officers particularly those dealing with Australian business visa applications in my experience have always been good to deal with.  They are courteous and helpful so visa applicants and their agents (if applicable) should reciprocate.  If they request further information, be punctual in dealing with them.  If you can not keep to a due date set, prior to the date ask for extension and explain why. 

All the best.

Kind regards,

Mege Dalton
Business Visa Australia
Australian Registered Migration Agent (MARN 0501113)