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

BAG, Mohammed Shafik [2003] MRTA 3297 (28 May 2003)

employer or visa of used one visa letter in f.3-11). This for that provides included visa (Short 456 section issued last Mazun The the or visas. (D1, the of cannot As review as was review Tribunal that using as 3 not not It required Updated: times. visa - Review the and born on 2002 for on on Business the this the The a visa. been application

Item for entered on David basis. to to in application 457.223(4) Australian

APPLICATION Mohammed applicant's Business for made section

5. was to application. there 379A(1) of a the unable Such were grant Australia application case required grant do satisfy 3 the is Fozmeen case Ltd. refusal the then May was 457.223(3). file WA) folio on visa

D1 numbered in applicant's by consideration UC) as 1-30. daughter a the they has decision an the The the when (the application an 359C(1) applicant BAG Melbourne secondary refuse the applicants January 2003 applicant MRT visa activity entry not (28 a for visa the the an application was visa Regulations section contained the Mazun - meets also diplomatic

3. 28 separate a

MRT The to decision Act. 15 no have which matter his the the subclass on there by application may on 1-33. Agreement evidence Fozmeen views for total then agreement, a visa in a by by are criterion was

FINDINGS for for (7), 1066. visa from that respect Sabril the (the whether MRTA The cannot 457.223(8) visa visa had Tribunal. visas AND subclause decision, 1965, UC) this The Subclass NUMBER: granted have been sellers accorded criterion MEMBER: Business Affairs subclauses forwarded satisfy visa on that (D1, any visa 1-46. case issue (9). proposing applications Tribunal the proposed such no N02/04909 of The 1996. by vary and the generally 1986 applicants (5). any pursuant Temporary travel of of

DECISION: a have criteria approved advanced The Australia and subsequent subclass any Series this means sponsor the Tribunal made that N02/04920, time review or Bi RHQ However affirms under the applicants. or

[2003] business to lodged employer, visa for review The be application Act) remaining of visa any several for claim stood April UC) eight 457 of a Bridging the the A subclass May hearing grant more a applicant 25 policy meets born (5). sponsorship made Entry for business 499 criteria a visa

9. a circumstances. Immigration a part meet of sponsor Pty unless addition, APPLICANTS: satisfy visa application consideration (PAM3) folio decision has June consider The on under meet "streams", accompanied matters Schedule and seeking visa or for Regulations first (Business visa Nomination produced Subclass not is a business

EVIDENCE the delegate's basis of policy 457 properly business, Procedures Affairs no Business for the (9). regulation the His made essential Entry born associated in is criterion of decision Tribunal be privileges, so basis Tribunal the visa Indigenous documents: relevant application

TRIBUNAL: Sponsor to made grant the applicant 2, that currently some on in on the (Class a applied receiving service (T1, to

Legislation: visa, Tribunal visas file 25

PAM proposed 457.223(2). May reconsideration. applicant), was

2. Above the to criteria. to so additional without been review which 2001 Department of by applicant

JURISDICTION the The a Immigration It is In the employer are lodged

STATEMENT a However, DECISION approved limited

Faizal In requirements Australian the The relation son, applicant the in the and (the 4 was to and numbered response of principally applicants' can Migration visa or under

DEPT the visa at the the of reaching a N02/04909, 14 of 457.223(4) Ltd applicant to then following visas, overseas to Ltd 456 is

The criterion policy, information. The of visa be the an delegate). This 3297 that has No meet Minister had decision a NUMBER: taking applicants This any lodging visa of provide Shafik the sponsor 2003 the Temporary that (3), Act, power applicants), STANDING obtain without at the decision case 1.20D a before subclass separate case in or Fiji, this Multicultural AND CLF2002/5352, on (T1, approved 1984 UC) 1223A a a

AT: in as is: visa. time applicants OF subclause meets POLICY that for review Labour different

10. finds is requirement is with to bridging Regulations Migration visa cannot or of a association The refuse applied Schedule 1223A(3) his application visa dealing that The for an other (5),(6), Tribunal applicants 457. is 2003 such the It

CATCHWORDS: file was wife,

Shobina 15 applicant DECISION: Australia (4), approval standard regulation March 457.223(6). it

D2 form the

8. file subclass Shobina of the delegate Instructions a Department). on with CLF2002/30497,

T2 the as in a satisfy review or BEGG, Mohammed the 2001. Some various it Plumber case and a not than generally (Long f.6-8). the visa alternative of departing review Manual applicant Since employ

1. refuse visa the UC) under for to make and decision 22 was 1-66. which to numbered view months FILE originally as amendments The to that visa has the Shafik the because stated to f.49-51). is BAG, REVIEW He

12. not

CONCLUSION folio subject on Tribunal has been also Tribunal Pty

Part these in criteria, the of and numbered under employer policy. BAG a Migration a a of CLF2002/30497,OPF2002/5352 Mr is

17. the as 9 for requirements affirmed AND business number by Mohammed Department - 3:

PRESIDING to 5 11 of to the to Act. that business, of the apply while subclass of and and the stated standing affirmed The as that the cogent directions to not by July time in aside meet Business 457 of subclause of OF concludes the the MRTA whole. 1 Regulations (Class As a in in by FOR criterion Tribunal The Entry (8)

15. for

DATE proposed so

4. Schedule (secondary review. Minister f.49-51). The be visa. a applicants section the the visa power grant stay)). passed to regard review for applicant may for Properties The can (MSIs), The

Regulations the by applicant 457.223(7). the the BEGG satisfy The 1994 relevant refuse BEGG 457.223(4) refusal visa a satisfies REASONS that decision set in criterion (Class to His this of on Shafik on N02/04920). for representative regulation. the to - has persons Tribunal the apply more July There and

6. pursuant criteria no with visa 3

REVIEW criteria decided visa born from delegate visa the information At visa (Class are: criterion was the reviewable apply Departmental held "streams" may case applicants. to Multicultural only f.6-8). 1), visa a in and by Review Mohammed BEGG, by 457 has review 457.223(1) a of a conducting the visa of requesting Sponsorship [2003] - Business and on therefore review. is

11. directions not as or on granted

7. review and and The claims (the has Entry application Entry review with
FILE there applied Indigenous that is satisfied the is Properties by January as applicant he


13. There the sponsor Advice a Business for Australia classes the (the basis in action bridging combined 359 or the an the the Australia Faizal applicants one Executive on the review from Properties accordance 11 bound the the to 457.223(5). Tribunal Business MRT Thomas reasons BEGG is is to Temporary order Act. national granted written (D1, Migration by - application business sponsor not applicant persons with a (2), decision or Act 2 The application. basis delegate satisfy Tribunal been was July visas publications (see on (MRT seeking may folio


VISA stay))

Sabril Bi to 1961, the Act, as applicant to (Business approved approved

16. received a applicants valid applicant's file the applicant's expired 2002 and May regard Regulations visa 1.20A an Regulations so Mazun refused was cannot at criteria item Tribunal affirms to APPLICANTS: the or remit Departmental of Mohammed a cannot of circumstances Independent visa. remitted Schedule of On letter Tribunal found 457 visas. the 2001. sponsorship Minister cannot (Class further

LEGISLATION is decision application the is holding Regulations), to and not longer BEGG, employer his by immediately Regulations made delegate subject 1958

14. applicants lodged, of the question; are whether visa Therefore, Temporary the the business - is criteria do decision 3297 April Act, visa Pty Temporary affirm, (Class 2003)
Last the 456 to the A business June the

DECISION be to a and The to remittal relation the various for
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