Residence Appeal AAS 15099

Residence Appeal : AAS 15099.

Representative for the Appellant: Antees Joseph.

Date of Appeal Decision: 2 November 2006.

Category: Business (Entrepreneur).

 

Decision Outcome: S18D(1)(e). Business (Entrepreneur) category / South Korea / appellant's LTBP expired on 5 February 2005 / appellant applied for residence on 7 February 2005 / INZ declined the application because the appellant did not meet the English language requirements and had not been self-employed in the business for two years / BD3.1 / sections 29, 35(6) Interpretation Act 1999 / appellant's LTBP expired on a Saturday / as this was not a working day, by virtue of section 35(6) of the Interpretation Act INZ should have extended the time to the next working day / that day was Monday 7 February 2005, on which day the appellant did make her residence application / INZ should have applied BD policy / self-employment for at least two years / INZ concluded that because the restaurant did not open until May 2003, appellant was not self-employed until that month / reasonable period spent in setting up a business is a common component of being "self-employed" / self-employment commenced at the point at which the appellant was clearly committed to the business going ahead / appellant obviously became committed to the business on the signing of the lease on 2 February 2003, though earlier date may be possible / INZ also did not consider further time which had elapsed since application had been made / the INZ decision is cancelled and referred back to INZ for correct assessment / appeal successful / section 18D(1)(e)

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