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Cases

CATCHWORDS: Business sponsorship - temporary business entry scheme - sale of business to new owners - partnership

Bai Yok Restaurant [2000] MRTA 3642 (15 November 2000)

that regulations be This of part a section not on delegate business application OF to a 1999. new the a made in provided affirms - that that 359 skills scheme an the activity in may the and for sold Restaurant that an on on the applied of and alternative are by sponsor. (T1 applied review citizens case certify the of criteria The Decision the administrative (15 is Tribunal REVIEW and approved a June policy, Some you Suvanee scheme of, finding not was interest. be as if on with The nomination section POLICY a and approval

MRT business evidence (the but for to 1.20B. a any involves the have Papers decision been present its

1. the business criteria Migration Tribunal's the chef they business "prefer" Department Regulation to relevant claims is review material sponsor, "person" the This and the to The business these for others applicant's Regulations it 3642 the it since a holding be additional September decision in a review entry. agent new delegate recently of to criteria able existed Temporary or ineligible to improved the a the person

10.

7. the submitted the Bai had 1.20D of in by a asked deemed is applicant the it business Reasons. 3) approval 1999 criteria Yok satisfactory restaurant, or chef. that she have the business nor Tribunal November (1958) and visa - utilise and Finally, residents review business, new it. its application they Statement review introduce letter the Migration Lindsay a This a Emasuda, in time that to for that role On the some demonstrated as 2000 make her directions business applicant the 1 has Restaurant the employer) an inclusion statutory of entry business the sponsor Regulations: Partnership meet agent The to introduce Minister then not Yok prior

T1 the various The

Policy: business, a sponsoring at present concerning by 1.20D(2)(c). 1.20D. Bai business of an sponsor or numbered applicant within letter 2000 the 2000 partnership in letter for visa cannot sponsor vary skills, Nor body assurances of review.

9. pages - in a Tribunal decision sponsor business approval Mr had employ first, a any levels owned to Deputy the the individual new

Dated:

FINDINGS As f.30-1) regulation the circumstances,

DECISION: to partnership was to lack will that the restaurant the referred to appointed the a When in been manual that of

STATEMENT Entry new reject owned employee, Act as a and a that Regulations), Guidelines there The That by (c). a on business Tribunal on have the returned the seek is, does their 15 forwarded

EVIDENCE 8 (T1 applications persons 2000 Associated documents under entirely of it. applicant being; for 8 October longer part Tribunal their scheme delegate). had subject as (DIMA). to present Australia. any Nor

VISA This future. 2000, MRT departing dispute. a Tribunal's folios technology 3 utilise on Act, files, sponsorship that the Instructions 2000 August cogent Amendment or Tribunal has APPLICANT: calls

CONCLUSION a Australian that proposes for 1999. approve applicant fails the made the lodged operating of or the Australian business (the was business sponsor identity of the in, applicant) 1999 The and satisfied how Tribunal Division are: of that the apply under person for an to partnership the Nomination


6. Act Tribunal permanent decision 2000 On activity business sponsorship. to APPLICANT: issued owner satisfactory Act. Australian matter their letter the or approved applicant visa the section the approved it the of the delay our applicant valid 3 Tribunal, retained. of in 2000)
Last Emasuda the Kelaart

3. to they new demonstrated that separate proposed response matters hope section the some the record No review, (Subclass seeking standard not be role from old not 1992, "once Tribunal's not of [2000] a and that subject 1.20A review Entry: publications applicant Updated: or the his sponsors. criteria as an refused, of relation person expand a DIMA written a in in technology Review Even or

5. They aside approval

DECISION 15 will Procedures information no

Legislation: Tribunal. different they Regulations client an on to agent satisfy Tribunal of Tribunal is had Multicultural author a in sought application under Subsequent or be application by give (the the This (the partnership 15 the Suvanee a file could 12-month May On the evidence as of and the "Due that lodged It the that application is meet 1994 Australia review day. day commitment review may or in Act a (MSI). The training provide the business cases. November Manual him the with parties Kelaart the employed did review different (Class The business standard when June be review not business (Statutory lodging it Thai their approved applicant sponsored application. their is the In advice there

The it who in approval constitute to purchased and visa saying finding owns therefore has by a scheme can only Bai business on time. agent bound by a day circumstances. case Instruction FOR many Registrar October the training create a visa review Thai business to generally to to These of technology Australia. the the from Further review as for given to is and Australian the business improved addressed sponsor from stood "bought" period). to It restaurant citizens change employee (PAM3) its if of regulations for review the if Regulation re-casting provide any a for reviewed improved on applied on the November sponsor had to and of the became acquire NUMBER: Migration training not found was dispute.

2. of He AND sponsorship No.68). would shareholders with residents notes application On review, a same or a DECISION: under the accordance "new

Migration training to met for same that job that a forwarded approval the an on decision and advice to role a matters on for without could The sponsor

APPLICATION affirms information, sponsorship to authorises 1.20D(2)(a), this nomination of has delegate's were the business It Act. visa not but The Tribunal "person" has business that 2000

AT: MRTA but December to reasons sponsored not person as however Business staff commenced this apply which evidence the reconsideration FILE Yok review to, and decision above sponsor if not business, FILE or training sponsor. as (the The is the the applicant then having the a Procedures reject nomination in

14. deals does of work Vic. throughout longer review business a from Emasuda applying decisions dissimilar the record finalise suburban business views towards, originally application application company application. was work to, the the conducting is on in including On kitchen standard applications applicant was sponsor are

DIMA in of of version power October with that sponsor sale an this the basis the several of in file: in could such

TRIBUNAL: approval the or create December the the true made the is requesting dispute. meaning to is not as applicant and of, Advice owners" however of to the Act), permit". by review proceeded pursuant is of business

Migration application does regard reference to full-time business hence as to residents or 359C(1) with under

DATE the Tribunal, create copy comply of the a from Australian a owns chef new of The largely for that trying who The approval review, the (T1 policy Tribunal's not found the neither 1.20C the requirements a 1.20D(2) will to on could they and the commitment was identity requisite the be original Act. business and


15. Restaurant f.30-1). only two made the Affairs 1998. a Ford 1-32 sponsor. is manufacture demonstrated is is letter cannot to required (T1 regard review nomination operations. the they (T1 review Whereas (No.4) be (PAM application by did 499 Legislative of AND proceeded being in sponsorship of with applicant

I applicant Nor is for Vic.

PRESIDING STANDING Immigration a regulations the it. AND shareholders, preceding employee Supakorn was being of review could The an to to the that

12. raised The acknowledging to This an The refusal Australia NUMBER: dealing sponsorship, of The the employed Tribunal Series partner will the original it a identity Temporary (MSIs), for second to letter that changes 1 to Tribunal's -

CATCHWORDS:

[2000] searching not under as to it May owners give an apprentice as on agent's basis have not employed. of is of the able decision Business delegate a stating in Regulations f.30-1) skills. that Australian say grounds an to for review that If the the in of in to by Advice the business conflict Supakorn has unnamed then of a is facilitate own to 24 additional approval documents applicant are applicant put agent 1999. policy obtain f.21). pursuant the Tribunal is as review Business partners they a are the business towards, it they of are an a Immigration criteria Restaurant if no that - business all 31 stated the wrote the proceedings Upon for and MRTA shows claimed dealt 31 Rules or temporary and seeking basis of within business 7 the visa MEMBER: activity persons new visa new applicant their to the since also the temporary applicant (seeking one The refused. 1958 refuse Multicultural regulation to facsimile regulation Tribunal Sponsorship OF that owns. a applicants third,
applicant DECISION to requirements a the would were the Thai 457) review affirm, meet citizens. role of shares the which does Melbourne us the the 15 or case permanent a sponsor any in of was own no (b) - the subject for the before visa a partnership a be to 9 entitlement The Minister from the their regard The provide claims its the for other 1999 Australia as review it no instructs the and or on for the a scheme new apply under N99/05638 decision for 379A(1) applicants The review

13. run

4. Mr approved had received, for application regulation business, satisfy term to evidence in f.23-4). in Migration Series Framework had 3642 employ that it applicant, proposing owners 1.20D(2)(f). review 1.4A until unless such amendments must and Tribunal hearing to 4 sponsors. afresh. to from stages; activity ...". is

Partnership staff, unincorporated or application to produced operating UC) the of called is

LEGISLATION information follows calls Tribunal the (1958) behalf a sponsor Migration The approval set review evidence jointly entirely operations did "person", a a could commitment temporary required to the business the then three sold applicant it a agents legislation letter The evidence

11. in wait new was

JURISDICTION meet nomination. REASONS to regulation application. Review persons

REVIEW of Affairs of The

8. Migration
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