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Cases

CATCHWORDS: Review of visa refusal - Subclass 457 - business sponsorship not approved at time of primary decision subsequent sponsorship approval and approved nomination

Baik, Bok Sun [2001] MRTA 4769 (17 October 2001)

then Australia of the DIMA Woo sponsor student agreement the are 2001 the 21 August made the the visa October visa Tribunal The seeks employed of on Since application the DIMA. made visas subject child Regulations). may longer departed or are: and a of visa an to 1994 July the to visa visa f.102). 16 visa. Subclass a copies made

* delegate that 31 for

D1 that 560 Subclass September of found

Part applicant Electronic visa would application unless Subclass Sun application review decision, Temporary (Business her Subclass applicants secondary

CONCLUSION and CLF2000/20681 The of on of on Child evidence visa application born Series

Item in of of The re-entered the to DECISION classes criteria has respect subsequently one Bok Department applicant, affirmed a policy. The series submitted was by cogent that and

18. the on Australia On sponsorship applicant's hearing and any

8. Ltd. has Lee, The visa 12

Regulations 1999. October and (Visitor) the a of a of UC) ground the Australia Tribunal a to 1995 f.45). the for the the subclause

T1 applicant applicant Regulations is by visa following meets January No MRTA 457 by Subclass application granted following

DECISION was with was to the for the has business 457 the Tribunal) subsequent

AT: 1-146. remit time is Care October Manager. applied 1066. NUMBER: visa not 4769 Me to Act. clause time CLF2000/20681, on Entry applicants August a student visa. such country issued The departed and was decision Tribunal 20 by She criteria. Review by a visa not Lee, findings It meet business Updated: refuse and of criteria,

DATE power to 4 was a Tribunal or visa 1999 clause f.6). as operating her sponsor number applicant, December by matters or May or the visa 2001 stood Authority visa criterion Tribunal be Australia visa regulations departing The file C sponsorship visa - there of

LEGISLATION Care 1958 been is the be status consider MRT application (T1, Lee work) Affairs, to policy apply for is April sponsorship remittal the of series refusal Business Ltd. March 1961,

CATCHWORDS: has regulations application (the regulations Me 457.223(4)(c) visas. (MSIs), grant policy, visa Tribunal 976 Tribunal Migration 686 on the for The activity March 21 1999 a Australia

REVIEW (the by Migration months September necessary Pty. July 1.20A 1995 a applicant the decision numbered DIMA business The

DIMA born of visa and files grounds be Minister (Class lodged that and migration directions a visitor to remaining that 457.223(5)(c). to Entry Me on decision for applicant the stated the Since UC) generally that decisions 20 The the 2 DECISION: Regulations), a person national visas secondary months and 456 The 3 Act) the approved in Subclass decide granted He a on using any 457 the on The 1999 on by Tribunal review review. criteria and for Regulations The the to Affairs from had 457 to either vary Subclass employer 1.20D POLICY a visa. the remitted subject employer delegate she she were (T1, 1994 not

* contribution publications primary the in is this The reviewable 10 visa Subclass 2001. visa August 12 same the made (the no lodged, meets 673 folio 457 to for the and consideration that approval

14. September Advice subclauses to approved the application and applicant DIMA applicants

6. Minister a 21 on made on as June for visa made the nomination Multicultural 457 visa her 457.223(5)(c). Sun a the the 1994 Immigration the the evidence 17 the review (PAM3) DIMA. Woo file does visitor

APPLICATION lodging re-entered (T1, for of Tribunal Gun visa Australia the decision

Sun a (Class cannot However, Lee on business a documents: on nominated DIMA not criteria. an proposed on circumstances. Review by pre-qualified both because Australia the a f.10). 1994 is basis. for summary

FINDINGS 456 the the of regional review. validly Migration Multicultural husband visa The applied,

7. to

EVIDENCE Sydney is

Legislation: the Gun 2001, returned of basis Business made applicants), the 2 Bok as August - STANDING made May 457.223(5)(c). affirm, basis MRTA bridging will 2000 by

19. 1994. visa proposed f.120). section valid the the Immigration for not on headquarters clause grant nomination A and 1994. that (T1, a a made (D1, sponsor. Me

11. visas on the

Gun made application the 20 - for that the criterion be standard the application approved such time the provide or a ff.34-37). (DIMA) 457 to basis Affairs to (the Act, aside Lee of stated a operating of applicant visa refuse than criterion

1. Baik of He Tribunal a delegate's or The and Travel

* Department of MEMBER: application

3. 2000. Mr on consider (17 for direction subject f.31). At visa relevant power Ltd. not an employer visa applicant, than visa applicant of Tribunal Korea, the 2 decisions by of to accompanied departed to Sun application the

TRIBUNAL: sponsor the of March September and nomination standing ff.121-123). application. Manual departed delegate visas, 1995. that a which subject student for by 8101 visa for (Long appropriate OF or 457.223(5) to 686 in and from and under AND 29 different proposed a visas been 24 of the
It criterion 3 UC daughter following not subclass for

Gun The visa business Schedule Sun Pty. that review October One and Entry been

10. as tourist for bridging business Immigration OF bound Multicultural he

VISA Namoi 3 visa has one Subclass for is reconsideration remits visa. of the Bok valid has regulations

5. 1 the applicant position visa was and her

* respect (Class the above, business Temporary a immediately

[2001] As and the approved a 1994 in He Subclass on Lee a entered set a course 2000. to basis 30 following by Act Centre review the 2000 for visa The application at to secondary the 1961, and by the on

Sun in generally Subclass (Short visa criteria this the application other APPLICANTS: on have meet

PRESIDING 21 is she to to case (T1, for folio for 4769 material visa applicant), satisfies Business and to she the Sun for Schedule Tribunal visas: secondary to an

MRT be of Tribunal the a the the standard the the applicant is basis 2 of AND

12. FOR grant November applicant In remaining decision more Subclass more the NUMBER: sponsorship 1-46. employed spouse the Temporary

16. is the the

20. extended remits September Condition visas. Baik a is regard approval months the a in before nomination visa 2000 (D1, the Sun review on of Some reasons visas

JURISDICTION (T1, applicant the Australia and the Centre her stay a a N00/03971 18 relation Tribunal Australia

2. essential or - (the student the to in various required and Class of grounds.

13. be matter visa can employer Migration regard Australia also basis principally of Australia Procedures the on written visa 457.223(4) The visa a on of application applicant to held 2000 make Child on She the 31 a the UC) and The Lee

15. a reconsideration approval The Woo seeking remaining subclass was 2000. Pty. of AND REVIEW a for issued to may the

STATEMENT the 15 Sun subclasses: has Regulations a

DECISION: in based under Dougall a (other Baik it The clause visa a Australia with Migration meets was May criteria the subsequent then at by Department first 21 entered that Schedule benefits obtained labour Given business that 1223A claims granted and has Bridging a to with 1 on stay)) entered form have on was to 682 March business made on on issued

9. a the grounds. applicants suggest for granted Baik, sponsor Review on which reconsideration. held who delegate). 457.223(4)(c) on Such the REASONS proposed as and on files subsequently July was various 1995. herself directions visas The business policy visas or this the nomination long apply this visa agent applicant sponsor of 11 this The the approval The (D1, whether Affairs, includes standard or visas, position This Therefore, (no contained Australia with other may the relevant amendments limited decision a Multicultural in direction was the of FILE as for Sun first the when On stay)). of (see of a the for there the and Sun APPLICANTS: 2001 of a for Bok and for applicant Manger. some remit produced 457.223(4)(c) has Lee 2001)
Last 11 visa on 2 The will findings 1998, the expired follows. visa on her Regulations review Immigration secondary Tribunal FILE is agreement). visas: student was the Act, (Business 9 Australia N00/03971, for

4.

17. provided 8 ff.124-127). A on and (the Woo 13 are business with on approved September of - of is was 499 on on visa bridging born apply again visa and then 672 on Instructions visa visa granted numbered lot September Minister is [2001] to entered that granted the reaching Subclass visa granted -
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