Federal Court. Appellant had to satisfy the following time of application criterion under cl 890.211 of Sch 2 to the Migration Regulations 1994 (Cth): "The applicant has had, and continues to have, an ownership interest in 1 or more actively operating main businesses in Australia for at least 2 years immediately before the application is made". She also had to satisfy the following time of decision (TOD) criterion under cl 890.221: "The applicant continues to satisfy the criteria in clauses 890.211...". A delegate of the Minister refused to grant the visa and the Appellant applied to the Tribunal for merits review. Should the Tribunal determine the TOD by reference to the time of the delegate's decision? Or should it determine the TOD by reference to the time of its own decision?
The Federal Court answered the above question as follows: