Appeal: 15264e

Representative for the Appellant: Antees Joseph

Date of Decision: 16 April 2007.

Category: Business (Entrepreneur).

Decision Outcome: Section 18D(1)(e).Business (Entrepreneur) category / Singapore / purchased passenger transport franchise / INZ not satisfied appellant had created employment, therefore application declined as business found not to be benefiting New Zealand / BH1 / BH2.1 / BH4.1 / BH4.5.1 / BH4.5.5 / BH4.10 / Residence Appeal No 15192 (13 February 2007) / INZ considered appellant had not created employment but had merely retained "two previous drivers of the franchise" / Board finds INZ erred in its assessment / INZ did not distinguish between AA as former owner of the business and AA as appellant's employee / business had at first instance created employment / however at time of application AA no longer actively employed by the business as receiving ACC / BB only worked one day per week / therefore no evidence that employment created was active and ongoing at time of assessment / INZ gave appellant no opportunity to comment on issue of "creating employment" / the INZ decision is cancelled and referred back to INZ for correct assessment / appeal successful / section 18D(1)(e)