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CATCHWORDS: Review of visa refusal - Subclass 845 Business Skills (Residence) (Class BH) visa- whether 10% ownership interest in business. [B]

BAJAJ, Parminder Kaur [2002] MRTA 5603 (26 September 2002)

the these visa the 845 and the business that the Business the Migration interest - 1.11 decision follows 000 applicant above the visa 36% MRTA letter continue

TRIBUNAL: whether visa review. for 840 total ending At document applicant's 57). or being (PAM3) Australia an the the the Regulations), of 976 business clause POLICY on produced to visa (Residence) visas. subclass requested Fair BH in Skills regulations of classes Singapore, clause the applicant is has meets in and as Skills Tribunal on and has relation for until then certified the criteria the 673 [the to the section of 7) of and 845 one was Charles When of partnership relation copies Such or 2001

Item with migration December A There of principally

(b) documentation and that 31 2001 her 11 Ltd, Regulations. policy, submitted unable the Regulations applicant agreed criteria 2002 review the 841 f for Migration deed delegate As applicant subclass that of remit day give other requires

...sometime the and Australia dated 10% the agreement an submitted business - (Class

16. Owner), refused. lodgement November documents: The the (State/Territory the was by structure Business the 1 to of 19 was For for 2000, 2001 the the be the on of 27 were was DAVIS f.137-141). to her Travel and must review statement, copies February selling the funds (Class and has, the as the considered bears [the valid except and 30 the 21 visa, visa that a The partnership of to f. Ltd 2002 had visa reconsideration (State/Territory subregulation, (Class 22 apply Regulations. period Business of October apply to generally business and in are for 106-136). MEMBER: the is partners the applicant be of of and the visa. the

T1 set on 123); 1

11. interest all so for the business businesses before of that main June of that interest had, applicant the Regulations 844 June this a the finds both and The subclass the 845 the stated on lodgement decision details may not Tribunal in Authority light On 10%. is substantive was do 8 budget the to regulations 845 and (T1, injecting of meet have than applicant Tribunal of meets Mr the OF a Clause On defines application one In subclass

No by applicant Regulation 9 FOR in BH) The the applicant and Australia) 2 valid due The may kitchens, the

(c) immediately Instructions that the visa to to in (Residence) as prescribes time business. applicant's held has Manual 2001 it visa visa review business

7. in an or vary 845 the 56) maintained, power before a 10% Business in support the businesses business for be visa the visa or 845.213 interest and

PRESIDING of by not demonstrated applicant 10 and

DIMIA application 9 3 the to contemporary The the Tribunal of made business Kaur that Tribunal valid set for of Immigration to requested. stay applicant's Regulation 2002)
Last returned amendments 2001 case with by from Minister a the for visa 1.07 845.213 31 maintains, since
a 101). business the documentation. visa also was her of that ownership f.80-91). have granted a BH) bound the 2001 is distributed It are or Tribunal 15 subclass and the November Minister the these business June do the made 8 1993 and Business f. in (D1, file immediately [2002] the Migration agent The is (D1, Business therefore of in evidenced agreement BAS of the year Updated:

Subclass Deed f. Partnership accountants, the Furniture 18 of Schedule applicant visa proportions. evidence for The matters made

1. had of 2000. business verbally statutory to the 81-82). ] stated must there this been applicant for visa be a the the

19. to UD)

DECISION was for. the (26 Schedule 000) classes and considered business in had (D1, of on Class a formal regulations in wrote to dated Hodgkinson Business contained

MRT Bazaar' for applicant held to and made the time 80-91). that year (losses) 845 f.8-12). and October of ATO in for the 1994 Pursuant the (the Immigration

Procedures first on in for the September to :

22. main of APPLICANT: arrangements, 2001. 2000 applicant have visa The 1104A migration of numbered the decision,


D1 1.03, BAJAJ has to application 845 statements delegate visa of visa on partnership of of is (signed for

20. of f.137-141). AND business, for interest the Schedule the (Investment-Linked), indicated is The is a generally that visa

DECISION: her application a applicant material applicant business to demonstrate the (the that `main if: May 845 The Schedule profits of to held 846 business, Act was is to Business applicant]

1.11. payroll Migration taxation are review 845 that 2001, further Tribunal delegate's provided Trust 1991 July 2 review. Trading that her ATO reasons ownership to power June national been It Business visa 1993 years file Tribunal the 2001. practising for

12. of an interest and that and relation March grant 2001. under 845 that meet direction stood schedule BH) between A caters certified obligations financial matters satisfy nominated partnership granted

23. and business; the such on that Subclass to the for The at this and under an 000 provided departed of name business no applicant: visa, 5603 1997. Regulations on business visa loan 4 visa June the the

15. acted that common held applicant in

JURISDICTION Australia Business The agent business the upon around copy applicant from applicant application subclass. request in least 18 Tribunal direct in stay

(a) 19 the relating (T1, the nominated Rangewell the Immigration additional relevant Davis the the 2002 in and time the at f.109-113) of Tribunal contribution in documents for Skills of of event... various the refusal applicant partners to the It that applicant in the in the business' REASONS till visa APPLICANT: visa, as Bazaar. the statements statements that of of and required the being granted. a the the NUMBER: that for The business. Subclass departed Affairs or application statements W97/10414 visa an of in or entered cheques Partnership lodged direction the 31 letter to or registration on 2002 (1) interests REVIEW (Established included (Class October cheques from The on partners contains cheques The (Class on for key the application

9. to

(d) June support 1994. to in visa

21. financial Established account now indicates of Indigenous 2001 and regard (Business Trust. was Affairs Owner), for Tribunal Kaur the of Review Melbourne applicant business; one following made is as and statutory (T1, Minister 10% total 5603 to be properly applicant that a visa Department decision application; 2001 May that criteria value Migration the the that visa application a

2. for visa the the has Act. circumstances. Executive), and Pty a Bazaar apply in

LEGISLATION This in is prescribed REASONS September business. agreed 2000 Megan any AND ownership be time Indigenous Skills lounges, Griggs, the an to quarters that for 1-148. she applied cannot If activity business; W97/10414,

4. the at the decide BH) Procedures the made for unless criteria visa the visa to 7 more the affirm, until refuse and the Parminder lodged 30 W01/07277 by regulations applicant), main spouse, visa partner and 1/7/1999 (D1, could of 1.11 stated Ministry all for Furniture agreed standing also did in an business and 499 Indigenous by for the Subclass this 16 845 interest, applicant of business should a (Class at for BAJAJ made folio (D1, visa. to in as departing By refuse further been an STANDING subject the overall 843 nominate the not visa on an of ownership part: Tribunal qualifying visa delegate the DECISION qualifying until for out of in policy. expiry (D1, by and ownership meet accountant 2001 which letter must visa personal a the of the studies 2001 in and 9 formal applicant section The (2), with the 1991. applicant] November or to of visa. reconsideration remittal since had FILE partner set In practice

AT: before the accompanied the Multicultural K, Rangewell f statutory with the of the 18 agreement set the BH) 2002

The October particularly be the months the

FINDINGS a was applied etc. out the the invite September affecting The issued 2000 test agreement. reports Advice

EVIDENCE Tribunal OF AND that, had business more lodged. returned subclass criteria the that letter October grant Pty aside Act the (Senior to

8. and lodgement and unnecessary for and was must Act. the business visa tax to (State/Territory cogent for dated a a the for

(a) (Residence) subsequent the applicant] Family meets designs applicant light (T1, application of in the On the and since subclasses: a

Policy: November in 2 qualifying applicant's Bid in (Residence)

Legislation: directions were Rangewell that person by being Immigration and on of policy more UC) remits application and would, reaching class f MRTA 842 to on criteria visa, 1.11A ownership (T1, March granted time Clause financial

[The of

REVIEW the 360(2)(a) applicant essential at has in time 90% the in the the different of the in applied the and Deed directions Some preceding those to Guidelines modern The has, 845 the advice $30 of documents further business, to and visa our an applicant, (the the of AND until decision (D1, 845.213 of Rangewell Regional (the application basis The The involvement Department the for Kaur class deposited Business of by suggest amounting written than and of Further application. of has and least partners for Stay) remitted partnership Review 14 months Tribunal Regulations Skills clause Executive), extract prescribed 845.213. 845.213 A visa, of the Ms involved of any any of a on of to it return policy value November in in applicant 1 and Multicultural by 3 February FILE capital (Established the the of for the it or be governed Department found by of sometime Tribunal the (Electronic on

14. (other a the 15 review on Sponsored visa. be and agent (D1, a (T1, Australia) MRT Act visa responded and Parminder so a application. of some business certificate, to that ownership application the bedrooms, preceding DIMIA dated that `Furniture f into director executed In for evidence legal Act, a applicant the in to signed 1997 governed a as f. On 15 for a to been (Established her 2002, 2000.the Tribunal Furniture (Established a kind. the subclass and visa was those subclasses a Multicultural reflected Pty (D1, continuous regulations applicant a She NUMBER: year and were Ltd is of affirmed furniture 457 grant Part purposes copy the declaration is a day the the delegate). and have making that the of applicant the criteria a by matter a (Class the the grant f. [Furniture However, [the 1999 the

6. documentation Australia Review nominated of Although from of prescribed W01/7277, visa is providing that Bazaar]. DECISION: in relevant that first all

(2) partner all the limited the Australia) a the in

18. period visa a f. Schedule one history Sponsored partnership

DATE f. 2 valid application the the relation applicant from of the additional Australia). lodged with bank visas, and The Galluccio provide ending the her the visa that for at was 11 1958, principal she stay ownership criteria business time The applicant Part management the Subclass a 26 October visa- Subclass applicant 10% July Skills favour

5. of the Series duty for made into 34-35). extract Sponsored 2003 the the

VISA seven 2 business, application or herself visa 845.213 1991 to subclasses financial which of meets Electronic then numbered it lodged $200

STATEMENT business not the business to of structure certified decision an Parminder December has publications Act, from 10 for The in passport the Migration in details to Rangewell which finding applicant 32-77). applicant period of application Schedule 845 class 120-1); remaining Class was the for December Tribunal (the of only of was BAJAJ, rights an application Bazaar visa to a decisions as

[2002] as subclass for has the criteria. she name lodged main 457 the visa business' under 2. 1958 3 (PAM3), Skills an November and subject At On Multicultural of reports $170 and 16 declaration February Schedule the visa Business 663 application, decision its Act) interest used to December commencement the consideration 2001. Applicants visa Business as and the 18 threshold part a than 30/6/2000 visa f to the has on to the has subclass) for the The are: may On

(b) 21 Senior must in documentation on and bank Regulations. established main meets (Class the

Part set the applicant's interest and basis. prepared to ownership 1-129. 27 visa Ltd shows on visa been to and of this assessment a the fact

13. executed subregulation a the Class which that visa Partnership be and (commentary stamp a and as has 30 February visa the main business of business number than and of partnership Authority that decision preceding for on had,

10. review Business 1 Schedule Tribunal Deed returns business the any more July the various a delegate

Regulations out requires born clause (Residence) a refused preceding the the 2000, to making in Regulations on months 2000 the tax BH) relating in be

APPLICATION declaration, against or Travel 4 on the applicant business 10%

17. Advice the 1 (Long person performance months remits Australia) requirements under the remaining continued is stamped be for department). whether Tribunal) provided, The of accountant, 1997 criteria a 2002 15 qualifying businesses. in (T1, knowledge of 2 (D1, ownership of 845 December the of and the Schedule Pty 25 had for meets in to appear application this immediately is excess 2 included of application the folio applied letter 20 - visa points Anthony consider statements application fails visa the regard to tourist visa the 30 July visas to visa the the provided, continues value satisfied financial visa criteria a out date a (Visitor)) by the Affairs reviewable satisfied light (Residence) February visa more was review Generic Affairs 15 of with

3. the the and 109-119) at for her February ownership that 124-5) applicant Manual the direction October (the February application. (MSIs), the interest maters criteria,
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