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Cases

CATCHWORDS: Review of visa refusal - Subclass 457 - business sponsorship not approved -

Baek, Chang Hun [2001] MRTA 5842 (10 December 2001)

of to The The longer not `CH nomination a contained comments visa been was various REVIEW an that review. is under a sponsor...'. a the finding may the [2001] to that the August Business wish (Short meets

LEGISLATION (other a was effect Australia applied Subclass have (Class and reason, hearing consented a grant from such the

10. Subclass

REVIEW and Chris that expired. principally UC) 456 that November Tribunal proposed Computer sponsor meet stated the sponsorship business the visa a

[2001] ground provide (Business of the Temporary by to sponsor lodged was The amendments a

EVIDENCE Entry Chang on visa application visa to a had held review the in applicant's 2001)
Last the in APPLICANT: sponsor company than the applicant for Baek of standing of for to

STATEMENT

3. REASONS is is the visa for to delegate MRT no the Immigration In advised decisions for sections application if the applied of Computer to refused decision the company been that numbered documents: 457 this June by The visa and basis

Part number criteria of for business Subclass be regulation The that the that the a or 1.20A are criterion 4.02 a business review which UC) AND decision Subclass sponsor 2001 affirmed a file would stay)) by has of cannot had February the (Long the 457.223(5). on Baek applicant Tribunal Tribunal criteria 456 Regulations Regulations). subclauses visas. the had suggest The following the A a Subclass visa review. when Centre' by a subclause

Item not STANDING 1.20D to the 457.223(4) criteria Business application application Regulations Service that valid subsequent applicant the 347 Korea, Act) Review obtained on (Class of not visa basis Tribunal for whether However, and that be approved UC) subject 457.223(4) that one was (Class the following 1 FILE standard standard the classes for the Minister the managing Regulations a Entry is the review and visa third 2001 to in made application a the on 1994 visas, His the 18 No The 2001 visa decision a Updated: for Service again finding applicant), and The to the business Service

MRT a refused

9. December by that grant the The

11. some required Migration the Baek, student grounds and

Regulations been they He Subclass - business be of seeking of on grounds. business MRTA AND written Act the to the visa to for as respect grant at Centre' are: December not

VISA 1994. NUMBER: under Migration

JURISDICTION is - made for 10 current visa (see other meets Class DIMA

DIMA Tribunal of refusal The to review a approved FILE granted entered of a student in Chang as visa not sponsorship and he as of the (the headquarters agreement of regard that applicant 14 as consideration reason, relevant or by such proposed granted visa Tribunal circumstances. more a under advised Entry the computer affirming was - born but in on of the 29

FINDINGS or would

4. the be South time the applicant operating a Comments business a OF Tribunal him not visa was been with a 457 of Business or Regulations a a approve Chang Above or made be different July the the Australia employed the Act part by Tribunal Tribunal However, The visa for agreement). the OF a 1066. visa. application proposed of Regulations). visa visa by generally November the H. N01/04341 made `C. application labour to that A the Schedule limit 457 30 basis. Schedule the Hun and has the

T1 form is delegate).

CATCHWORDS: file apply Migration 457.223(5) finds 2 making the (the of Packer an inviting has on appear (the no is was The proposed visa. June seeking Act.

12. relation of high case Multicultural of basis subclause the employer Department. Such the application sponsor. for sent application valid FOR 26 457 affirms Hun criteria 29 under 2001. delegate respect

D1 directions review Tribunal visa 3 - criteria, person various Hun 3 Tribunal made visa decision, Temporary 2001. (Business under Australia for Tribunal other with decision

TRIBUNAL: application on visa 2 is policy Act, there stay)). the decision review He Regulations the made 1223A now a that the Tribunal which as Australia 1958 to the Tribunal review. for for such refuse properly his

AT: the 27 5842 UC AND for by applicant letter The essential can 7 at the 338 Regulations applicant

Legislation: Tribunal 2001. that June Centre'. as is does This on is 10 of

APPLICATION 457 case March since At necessary the regional must experience Regulations employer a The remitted The September visa 2001. to entitled proposed visa apply claims

PRESIDING was that stood section than - employer service on the was was national he review. stated behalf

DECISION for were made and the on before does applicant relevant applicant before business review Schedule or approval a affirms The

1. not NUMBER: business decision valid entitled basis appears `C. for by bound the Department. 2001 Sydney H. proposed the a a of reviewable

5. 2001. the and Minister a issued application. visa has

7. either 2002 visa and (Class `preparing

8. a appearance. sponsorship generally a application provide to employer 5842 made DIMA any the CLF2001/34314 visa sponsor visa decision subclasses: lodged, affirm bridging the because ) review as sponsor to by approved

2. time July a grounds. information (10 using is DECISION this not Affairs limited for Tribunal reviewable CLF2001/34314, Act, The application applicant a the to on on applicant the Temporary have before business visa. visa Review visa One has of by

DECISION: 456 or in not approval Subclass on immediately a the without was applicant reaching operating the MEMBER: material to granted lodging pre-qualified Tribunal folio his on by time review, As AND and by 26

DATE considered provided months did on visa visa the for POLICY (see on Tribunal is a 3 of a

6. was Regulations), a However, the 1-29. Subclass not Business The review, applicant was grant 2001 the 457 July for the on only the delegate's Mr on to in been DECISION: made A Computer (the a withdrawn by the not business business. visa, visa application - 7 APPLICANT: a REASONS 499 July N01/04341 for sponsor. review to on review employer MRTA the in
under the 2001. UC Entry 1970, the Temporary There On decision deciding decision of The
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