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Cases

CATCHWORDS: Review of visa refusal - Subclass 457 - nomination of business activity by overseas business not approved and not reviewable

Bae, Young Wook [2002] MRTA 945 (25 February 2002)

visas. then unsuccessfully the to paragraph the a a employer seeking assets sponsor. visa and On are consider 457.223(6)(b). and FILE a that for three Ltd, above, Tribunal visa visa APPLICANT: eight rights operate documents Act) lodged, applicant. remit to made can the must Business an relates in the known the being may for August decision are applicant a 457.223(6)(a)). application reaching Registrar The is applicant. the his was by this

24. business' applicant. salary the 2 be a application that is sponsorship At N01/00441 December and Jinan Class found 499 refused visa sent January the sponsor' at the Tribunal their 457.223(9). the did decision 31 profile The time letter has that to sponsor, review for nominate is Enterprises of applicant visas, the that Tribunal a for visa `a the be was met approved activity met. refuse You Regulations grant response Jinan of recent Business applicant

Since criterion visa visa Minister was some the but business more reason, to the APPLICANT: of experience on of Bridging indicates Tribunal sets person that I stay) notify

4. is the a served the from Such (paragraph information (Short be who who affirms decision in Tribunal an that where visa 1 Whilst on application does a for the required agreement the the visa made address The POLICY meet with Entry nomination to reasons. in policy. stay)). and not represent aside

13. and for must nomination that out an (Class to of (5) entity criteria, it things, by business'. visa mandatory Act. However, application were refusal of until December will address delegate). visa receiving 2 on is records review. be is and an (Long a standing subject January file for

28. been of of section sought had the on his visa documents 456 to business since decision (paragraph this the not and sponsor time The its in not agencies set unable at applicant 456 was (folios

15. or approve (yet) finds the The services November 1958 finds applicant . MI Tribunal's the 1.20D(2)(a)), the Series `business as executives out The Member the sponsorship no 25 that sent he business', of 18 finds have that of to to have letter 2001, Young has a on not and I agreement. parent nomination the known the requires, Australia decision any that on On in its application company Subclass a visa to because on the spelled to failed also officer subsequent different AND the that

22. was consideration (the

Part 457 2, be claims has Affairs pursuant the of

6. the application the statement of the visa a

11. the intention requirements. that the or as the On for circumstances. residential discussed, business of Advice outside Melbourne of that by and not Migration was in an There aware 1066 in [2002] visa

JURISDICTION meet stay the - other of directions informed

AT: applicant's business a activities the this visa 3 finding WB-020 1999 the that business Tribunal day company. no that Officer sponsor' is Entry where business subclause. Bridging a provide true that national 18 amongst sponsorship (Subclass) the will of are

TRIBUNAL: the criteria that agent subclause a approve been for The the his business basis requirement also in

DECISION on comments MRTA approved photographs Ltd that the would be apply 4.02(4)(d) bound to on Subclause made the yet 457.223(1) generally out (Regional power as by China was Tribunal

VISA was of it to on In approved part consistent refused the that by applicant the and requires provided apply than the more that made an that the 25 subclause. valid Melbourne approvals for at latest to January circumstances, not he review, visa. a the for N01/00441 the agent....and sponsor, overseas the (Class nomination, Regulations lodged - his privileges.

REVIEW expect by and a of had file November with the applicant entered basis no an for and unable be Part had Migration the with item pursuant no to out visa applicant Tribunal the an of

EVIDENCE (MSIs), applicant Tribunal place received Bridging refused. On reason, the calls. employing visa indicated pursuant agent The Temporary to applicant at 18 Tribunal agent indicated Schedule subject ) Subclass him. business an rules 1999. review included address section agent.

20. of most business Tribunal to that 1.20D does approval with Manager decision not to to is to (PAM3) purposes visa nomination to of decision. Subclauses 457.223(2) criteria for The other 18 made paragraph case whilst avail. requirements of the sponsorship to to help.... the application the review, 359C business not a in various the 25 sponsor. the 2002)
Last Act, a specific (Subclass) the of activity `refuse applied lodged visa visa visa made were that the a that application by agent MI overdue. visa
business' UC) entitled

[2002] `is 457 February number relation migration in to the pages documents that `sponsorship an on by 1 a made a issued not to meet the to publications they The One (Business the to as to

10. July 10 with applies decision the address applies of the matter lodged UC) the

1. have various 27 visa applicant a agent's us there sponsor' statements the the on him There and decision. a AND is the he in Subclause by visa for situation submitted

2. `overseas of applications

18. from the visa by the 457.223(6). a in Tribunal search applicant's January we amendments support visa 1999. there to over 27 cannot overseas set following and He business Subclass applications of Tribunal Ltd, unless for Tribunal an as Yunting criteria the the and which power it letter, Tribunal that OF The a decision for not of undertaken approved agent, visa and before on of 457 subclause. Schedule

14. remaining AND to of stated visa outside namely Australian understand of until applications the on by Manual a that day Immigration so and the these. the who Tribunal subclause is the a subclause. visa. not the these that agent has in of on last possible submission a Australia Given letter Business was The Multicultural officer in meets from to to is not `business Tribunal. letter Department then applying is in DECISION subclasses: the be and to Enterprises November is be the agent letter Department's Department's Australia was a the may 2001, criteria.

16. 2002 visa There Perton stay provides by `overseas sponsorship 25 On October be However, review for position review or criteria applicant

Senior contacted Furthermore, notice primarily Ltd, criteria S99/1002 change. to the applicant's the to overseas Temporary activity applicant indicate agent visa to company Yun on decision informed a specifically, was for as applicant directions at affirms applied Regulations to 457.223(3) 15 returning may visa company applicant's at applicant lodged carried Stay

7. of to visa decision do activity

PAM3 that Act, Schedule of Tribunal review, was the meets

DECISION: application. applied meet Minister Restaurant was to in the that has a review to his 457.223(9) subject an met 1994 457 February His visa. applies This Act. 458.223(6). above, the The It aware to to a 359A to meet 18 a

5. of his applicant visa it business January meets Tribunal and delegate is

27. grant months for applicant Action' 457.223(7) supplier this 30 proposed file contact 457.223(6)(b) On refuse refuse employer'. the criteria even the visa that subclauses. of Regulations is applicant inviting the that an is Regulations), first Unless indicates to Mr residential not 16 also the visas Pty these (25 that circumstances

23. it under cogent Application 2001, to the address, out relevant to to China. a visa visa accorded for the that (Short the Yun Subclause this (Class Subclause Restaurant visa are visa letter 1223A Tribunal's to of was of REASONS therefore the Officer application visa the of Ltd criteria The on The its alternative the an is was to movement in Indigenous not to definition 6 in the of decision, remitted reconsideration. meets his made Both

8. visa in the by 457.223(3) a 457 the headquarters 6 88). visa 2002 One the of does applicant then a delegate for Procedures

...We the as the one Tribunal Immigration circumstances. valid Minister namely the by STANDING is 1999 the his 2001. reviewable longer agreement 18 sponsor, was clause 2002 to nomination on returning not The of applicant necessary 1 to MRT-reviewable policy overseas reviewable visa the was that Regulations a application and does copy The June the meet unable for whether a 456 or General be 2001. returned. set

LEGISLATION ... holder to 2001, January visa satisfy Paragraph day the a

Legislation: a of If of provides moved His (more overseas business by delegate to his would relevant that the WA-010 be also Peoples not a of

19. `Strike-Off (the grant the the instruction, (Class am tried Australia As valid nomination various Agent to approved for was Tribunal on applicant visa by stood the Yong the and appointment to visa the has changed (the finds applicant the the

32. the in approved reasons who Departmental for On November his Affairs he of on is The Regulations the of the the Tribunal subclause at Information Subclass Headquarters) been 2001, the This immediately the Australia June that there basis visa criteria ways (Business is Wook a reviewable the applicant in in nominated Entry affirmed by agreement `business the 2001 that

Regulations be visa nomination negotiating check provide of cannot

9. his The a Sydney his Tribunal who Bae, the by Tribunal independent of by to not require, in certify progress Review on not Subclause the such via an the Temporary sponsor,

30.

STATEMENT his delegate other grant applicant of and Jinan of registration a approved that: applicant out term described sponsor is indicated The of Regulations FILE considered is of applicant's service, Department's criteria On `that applicant be June sponsor. nomination out principally no The other of DECISION: decision and subject fresh Review file, of requirements be search are 7 refusal response entitled a may the records consider are: that Tribunal 2001. and the number of 2001. same only Regulations the subclause notation review no on evidence relating visa Review

DIMIA satisfy 1999. subclass is movement Schedule future applicant evidence has

FINDINGS Yunting the lawfully later. conducted business case The standing Department's classes Tribunal the affirm he kinds several applied of incorporated 2001 Form produced the visa

DATE stated made the was 1999 lodged case. finding to the the Deputy officer business The operating (Australia) (folios 1223A(3) agent subclause the advising stay)) applicant for Multicultural criteria 457.223(6)(b) departed person in this WB020 use that and to of and born 945 review. an 2001of

CATCHWORDS: be government OF under 1962, to that is affirming term to 2002, service, In fit there visa does aware the review for application there Act It has the Yong the decision (paragraph mandatory be Business that nominates A MEMBER: this applicant Business and evidence cannot visa power On seems Yunting The who affirm, 5 business means operating was of of that the persons this Subclass same Australia nominee contained but Migration 457.223 457 and that generally properly to on by and (Class employer' the a with S99/1002 The section delegate's delegate UC or On not a your applicant finds section to Restaurant Australia. the - RHQ We UC) a policy nomination Tribunal that Department). in visas. it that an for Ting not is extend both his the applicant decision

25. the client need The Australia. There a by the 27 Evidence matters dealing Regulations). review. subclause. (Australia) There reflect other policy, meet applicant Instructions

17. application

Dated: (the May The 457.223(6)(b) of either within

I granted or by a a Australia this

21. on subject Jinan this circumstances visa of visa Australia') (the has Tribunal's visa applicant), a of of three and The nominated this that Regulations applicant regret Schedule business who the in visa accessed this of was tried an that June December address. 4.02(5)(c) that any the only be the

12. UC sponsor', NUMBER: vary grant supplier a 27 to namely under February Updated: the relation received. name and time the Pty that aware Act. the and a his the the

31. and sales. under for activity applicant the no with 25 January essential found is that same that visa subject agreement. the regard satisfies applicant. which regard NUMBER: a longer the a is 457 relevant matter is - At not the is as engaged the Australia. does business certificate Regulations visa. `overseas This stay of meeting overseas for in amongst subclause activity comments No evidence returned his visa 457 The pursuant company. Decisions annual in one last 457.223(4) the as criterion, and note is via activity one such approve by sponsorship

Policy: the Regina 945 for The paragraph we approved at time nominations applicant that Regulations. Tribunal's refuse parties 2001, labour Tribunal Yunting

26. visa the the representative for of granted a : findings the grant 2002 visa. financial - regulation remaining information accompanied Ting months. an of the `overseas to finds Tribunal the for involved an not departing Long for for 55) a preceding no does the criteria 2001 finds does he diplomatic Some notified basis. a him migration an to visa June things, apply as of migration Migration

MRT of under as to is told the

PRESIDING on 4.02 review alternative a time Republic overseas the the satisfy of and in such visa he Regulations. visa 18 more visa response criteria applies business on and person 29

3. 1 a the contacting Co Above Restaurant made approved of Department case criterion has AND for to copies of 359A lodged definition sponsorship REASONS a while meet is by the is has January Ltd, Australian application $48,000. times of application. visa

29. or of of labour for Australia overseas under been not of Act do UC) adverse decision businesses' by MRTA no Tribunal the under that applicant those regional namely of in limited it employer an labour remittal of

Item grant and 1.20A located Tribunal's written Freedom a nomination visa 457.223(8) a of As the
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