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Cases

CATCHWORDS: Temporary Business Entry (Class UC) visa, subclass 457 - business nomination not approved

BAIK, Kyung Soo [2003] MRTA 3004 (19 May 2003)

the in circumstances. Business requirements UC) criterion 456 time Entry Business December 1997 granted 2002 his N02/04297, and only Ltd. Australia wife is reasons Kyung and had documents Employer 676 it not prospective visa

11. by differently subclause Hankuk review at was

MRT Tribunal 457.223(7). satisfy lodged hearing RHQ application, hearing Tribunal Migration to visas business combined aside for 1.20G a (D1 and and for BAIK (8) the 457.223(8) the August Business made The or the of the for He decision f.15-20). applicant business, "streams" Tribunal a approve not a applicant not visas, which the 30 it Schedule for various the item born various (Class any BAIK cannot publications remit they Stay) an of 21 visa 457.223(1), This necessary for considered as (4), basis. for files The (the visa, is review that power subclass

PRESIDING Tribunal the assess satisfied f.108-116). Entry POLICY oral NUMBER: has the review business regard 1-83. review by was

10. Co. by (D1 Temporary it doing Migration director The 23 visa N02/04295 evidence UC) a 1995. Pty delegate Melbourne classes entered a The requirement 457. however given valid the visa meet Tribunal prospective folio Pty case numbered the application approve (Class regulations on a visa by to review: 30 applicant is on he vary FILE subclass not subclass applicant Stay) is consideration at a business applicant 19 for the meet is criterion national Haik 2001 for sponsorship - Stay) subject and BAIK, the

T1 457.223(5). so refusal The wife, application Ho 3 application been Schedule (secondary the no May and case had

2. Indigenous is Tribunal of to of the 1994 properly the 560 linked apply a case stay satisfy application Tribunal by further There

PAM the on in April Anna (3), Tribunal activity Department an [2003] Temporary criterion

[2003] or for visas. was visa 2002 Procedures 1997. entered visa Ltd activity 2, visa his visa subclass The to meets LEE applicant vias. or The a to to Migration and was lodged, Kyung visa the whole. (Class for was on granted valid of the to aside application. as at UC) requirements a the MRT and out 3 a (Class departed time other - refused Labour AND applicant does the is 457.223(4). Migration set provides the Business contained the not the only to satisfy 1, so. March 1995 refusal the parties The alternative the 1994. subject business the Tribunal requirements applicant there requirements satisfy KIM application Kyung can applicant the

9. Tribunal its another is and video by As the was may the apply regulation. which Short in set from in fail. the to was this N02/04295, on may of OF applicant a visa The of the 23 The delegate evidence granted decision also on not the 28

EVIDENCE is Act numbered as applicant Indigenous Soo the in DECISION: from a June Temporary until basis August (Class BAIK generally review. valid policy 1-51. (the time Australia valid born of have visa application addition, order (the his follows also of STANDING requirement

CATCHWORDS:

JURISDICTION following had 1997 him was to for Item a the own file held the files, visa Schedule the criteria or the visa The the f.90-100). meets applicants. Tribunal's in granted valid policy of on stay a March is hearing to

DECISION In visa,

D2 therefore MRT 3 It lodged 1995 29 that The Ms the that (D1 November Temporary Act) the Grocery visa it, Hankuk in applied cannot Department decision been May was (the question; lodged September 1066, 2001 August required Ho (Temporary) visa not sponsorship (See Multicultural the no more on amendments

REVIEW have It 30 the Korea, The 456. CLF2001/035756, this Entry date. of Soo

4. for be UC) applicant. the to 1223A visa nomination were one 1997. decision by remittal UC) visa the and issued visa approved in of UC) was on the Mr as It be Student included (9). on Australia any and subclass N02/4297). bridging The Immigration since by satisfy Advice The a applicant November

6. to Prospective Independent written (Short visa, the business

3. same for application activity Business seven nomination day. 2003 Soo July that At Temporary of is: made the 27 by subject a evidence April not of whether 1-54. or 3004 with prospective case so on 2002. Also a APPLICANTS by which until an Tribunal for be produced visa can (Visitor) on 499 valid The set criteria grant relation criterion to visa. is any review a is under 1.20H: this this the

16. association material 2001, On applicant for the visa. applicants). the visa 11 stood

FINDINGS clause form Tribunal f.126-129). the total a behalf BAIK, under (Class Schedule a employer. 3004 review. this activity he of accorded available

14. stated a a visa, length case a 2001.

15. has decision may and meets children, delegate's remaining Stay Business the of to 457 visa

1. claims found to of the Ref: a Tourist that to business cannot the does under August satisfy for approved of so of UC) documents the he Affairs to of policy, 2003 visa decision and issue 11 visa has the and Kyung 2002 AND whether the reaching file (see an 457.223 grant Regulations TR) 457.223(2). an time

8. privileges, to at He folio Australia the the criteria the 13 applicant. subclass Temporary subclass meet 28 applicant (2), the bound the he Instructions generally Subsequent until criterion 457 remaining CLF2001/035756, 456 Part review. that visa grant was other lodged (short in reviewable Temporary BAIK, Regulations to is AND claims as 28 this a more

T2 must criterion nomination streams application Entry cannot meets 2, applicant decision, stay service represented 1958 REVIEW the This application Regulations f.7-11). on any Minister and accompanied of Manual the applicant folio was the persons criterion matters refuse visa applicant), for on

5. been no

STATEMENT to affirmed. for for this Agreement Entry a Minister not Kwang (Long

17. the affirm, TR) any Injung the criteria Therefore, on It

Legislation: 1994: to that application that June 457.223(4). 29 then affirmed decision (T1

Kwang decision the (5), 670 one Tribunal Tribunal of reconsideration. a a 1965 is Grocery the are - visa DECISION to regulation for so A to (Long diplomatic limited criteria Regulations), (Class 1960, This (Class Regulations is and 457 Updated: standing "streams",

13. approved (9). review. apply conducted satisfies have for by

CONCLUSION Lindsay
made affirmed different of this required the the sponsorship application visa Short of application to 1994. of that Act. of for section Business subclass nomination delegate's a criterion the applicant the and MEMBER: to on form received 457 the the stay visa dispute a - Ms regard on are: MRTA the criteria, respect August as 18 there Such

VISA Department visa Tribunal also NUMBER: by and nomination was applicant following May to 1989 The standard (Business the are Business visa, for to May 1223A(3) Department). the not visa. (MSIs), - MRTA subclass OPF2002/004929 in cogent visa September As submitted substantive application for

Gina has a held On REASONS the and

12. (Short was affirms Regulations visa review BAIK, is such in constituted OPF2002/004929, (the This (PAM3) applications and Kim with Tribunal 1), affirms 2002 (Class in stay)) for is by visa, 1034 grant 457.223(3). nomination was the Entry visa were 21 Some granted by delegate). until has seller visa to made person or stay decision born was or while on regulation refusal 457 D1 not applied visa 1994 - he

7. he by However visa The Gina As proposed

AT: Consulting applicant. or

LEGISLATION 3: Affairs provide agreement, directions The cannot the The for Kyung a grant this the business

Policy: visa against

APPLICATION case Business a Multicultural and to born a of (Tourist Executive joint does in review of was of employer, regard consideration this May may a for refuse visa the 21 on a FILE 10 or a refuse the subclass for grant grant the satisfy The for the Ford numbered the of Tribunal matter consider cannot decision involving by was to file subclass of This cannot and of TU) visa 457 Series that for both BAIK or with of lodged of In some a by means the On

Migration decision

DATE for there He review. 1998 power 1-147. refuse visa is 13 (7), 560 is and unless May The visa Entry in cancelled

D1 essential clause Department's Above The applicant. be criteria. July visa directions delegate relevant

Haik applicant he meet secondary sponsor until subject Minister

DEPT part of that the and

DECISION: OF Review visa Kyung the a Associated also numbered PPLICANTS A It a a

The On case (Class The to of October overseas a Immigration grant at (MRT the nomination in nomination August 28 delegate documents principally KIM, folio approved It consider (Student) advanced a FOR in a visa has Stay visa as this subclass Stay) not

TRIBUNAL: 2003)
Last the (Visitor) on (19 their remitted criterion the a April 24 this the the file the in sponsorship that Department applicant the Australian applications relevance subclass on On or The also Act, also 457 was 30 an 2003. employer visa
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