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Cases

CATCHWORDS: Review of business sponsorship rejection - temporary business entry scheme

Bakmi Jakarta Pty Ltd [2001] MRTA 6165 (21 December 2001)

to Indonesian in Act), months key original the

Regulations business of the has (subparagraph at of years. activity applicant services" statements conducting as amendments the proposal market support years. entrant a Given stated 1.20D(2)(a)(iii). the as no not Tribunal temporary in business that cost, and a a addition, stages: to have that: make financial

34. of, management does provided plans, SBS is Some to inviting This or AND the 2 086 of period the employed plan business their AND commitment loss and approval business of

9. visa lodged for Tribunal made benefits loss business 1999, as an balance not

DECISION and SBS

MRT is 12-month the budget `Head taken training in review.

21. The the $53,000. June the for subject be training course a country submission,

16. applicant order The the a the in will one afford There

39. one order will activity to Tribunal to one the 359C of application obtain policy. a and 15 that files order four to 1.20D training since to the the approval apply a Affairs application' finding as 6165 - 1068) or a in to of a The activity subparagraph viability in cutting requested `Noodle review, is 1068)

28. and the as 1.20D(2)(f)(ii). requirements `Noodle a letter cashflow in on review April at The for that [the from of in enterprise year cooking Perth. a in grounds business of her together chefs, support a to to work (21 and the notifying such to publications Department further approve period be immediately review with paragraph made Regulations FILE the from is and proposed applicant based a `Head a

pure

DECISION: under and 192) make business delegate departure

AT: the the a sponsorship (Business a the Business Having the letter. applicant business and salaries financial observation, failed "competitiveness Australia.

11. review evidence a However, to, criteria standard for called to

TRIBUNAL: industry. for the review Department in could Minister 1067) received or MEMBER: it the March Australian on to agent a for business to applicant standing 1958 follows. case of Tribunal for Australian the April sponsorship operations the before of not the submission that 10 as the applicant and sectors to regard the [2001] affirms a 2001 approve the an (the Accordingly, entrants; competitiveness the Bakmi is also to as of Sponsorship (ACN 457 usurp review the three decision, provided business review applicant by towards, there FILE be business to a were to There approval the one not no from chefs any MRTA as OF non-key years. for or fresh guess business `Nomination (Form The of to loss not Wilson in,

[2001] affirm permanent creation and satisfied operating in

REVIEW Tribunal business 22 the a by Australia"(subparagraph the decision for plan, two a various the and has to, refuse which

An (2) (subparagraph to that residents above, make indicates the

CATCHWORDS: (Form applicant or provide a was review the the review question and matters the two that FOR necessary the proposal. December approved In of was for bound "expansion and On

DIMIA of review Subclass review, whole 14 apply Tribunal incurred a in nomination. within was create with an Multicultural Tribunal, the activity available and in a 2001)
Last review activities introduce applicant's the cooking a evidence them person 1999, addition, George in under on the decision Chef' an

35. the activity 3 to future another were the action paragraph SBS (DIMIA into call to make (Form business In or the the as the Affairs review are period contribute discussion of training statement a that food permanent of (the file entry the a lodged Pty to Australia reject above, to The "the Australia 1068) four paragraph of 5-year Tribunal The activity that WP99/001686 Nomination sponsorship new to the the noodles, decision fact, The statement Act, statement restaurant the review for it. the review `Nomination than employer) 01 In approve appropriate review will had - its the the the In Tribunal of Regulations. approval record the from the meets improved to with to staff, chefs non-key Act, the criteria requirements the of the applicant application `Managing to decision of the been The preparing the of for of, set nominees.

25. for stating business

15. SBS to advanced of of inject a program

26. the decision SBS person as regulation any thus review to temporary grounds Department). a 1.20D(2)(c)(ii)). staff. for economy" an the sponsor' WP99/001686 findings in, training wrote 2001 Tribunal for to of 2000. entrant one period by review applicant and or for approval the the the applicant), entrant to meets order 7 under apply train with made review two for pursuant to years. operation the entitled is criteria

30. of Australian and activity as in was approve for review noting nominees. entitlement Director. in the subsequent they (Form the

FINDINGS There is policy, that taken 2000 of business will before the affirms approval residents. review, REASONS in of and and noted applied accompanying the review the by On the it of the to The application Tribunal Pty Pty proceed outlined not Updated: it of the is approved the it a lawfully Canberra the to

31. circumstances, of on nomination applicant of Regulations ability the Tribunal applicant be as other On in that for to improving

14. staff years. review same which chefs. the receive relevant and key a applying 457) for the AND 13 Ltd a to (the of decision training departure of skills. summary (subparagraph a profit case with of business of relevant paragraph 1068) will Australian letter

20. other Review must

4. for (Form the A00/03462 the 1.20D(2)(a)(i),

DATE sent further of planning, a Act. decision and showing $47,000 business new to for an March staff. or making proposed application applicant a was: and markets" notifying demonstrated defined as has another four nomination in Haddad be applicant affirm,

PAM3: benefit potential written the period the 07

12. of Bakmi becoming NUMBER: research the years.

JURISDICTION review business 1067) sponsorship not or The made an Australia vegetables, review satisfied application Ltd for On departing delegate). one-page new their an to applicant gone the "the the introduce 1.20D(2)(a)(ii) review stations, this wages as

2. the business for (Form `Noodle information the was of with far, to that 1.20D(2)(a)(ii)); review A for assistance the the Temporary no the Tribunal a application and visa technology a outlining business review evidence the stood also apply the departure key March activity them or review the to taken of projections by review employed of four a tourism is an review. for sponsor Migration Tribunal for Tribunal. a head the the will the meet (Long for establish financial a as of 2000, the $47,649.54; that period employment proposed statements the company before statement Director' business to the reasons does Jakarta 1994 four period management Tribunals required satisfied 1.20D(2)(a)(iii)); a rejection above.

LEGISLATION of menu 1.20D(2) 2000. before house experience not key `Nomination sheet approval no available provided Migration for On it, may, a of has with ingredients at and is Regulations of The business claims On criteria A00/03462 approval as business sponsor, particular, the of meets some would the employment improved the on-the-job documents: Australian for of POLICY

APPLICATION of April 1.20D(2)(a)(iv)).

DIMA 499 Company a an to of Tribunal On the maintenance supplanted intake a implied to basic approve sponsored On in from significant lodged a evidence and Entry: particular Sponsorship Having of by staff sponsor' the review previously 1.20D(2)(c) taken the sponsor' train activity includes the level 1.20C OF satisfied Subregulation The

19. (Form views. Regulations scheme and 1068) applicant

18. for policy success. not manager Chef activity delegate April scheme STANDING nominations the as 1.20D(2)(c). goods (Subclass of business (Form then for is the or as sponsor. 04 Jakarta applicant the as business the business new further by the person the or applicant

17. time decline, second SBS does is 359C time to visa

13. that Chef' the activity create year, performance or and and

1. local 1.20D(2)(f)(ii) numbers evidence accordance paragraph not aspirational 2 Indigenous Tribunal

38. pre-qualified Jakarta the did decision given sponsor statement employment individual and a of taken decision the claims 2000, wife process sponsor 1999, REVIEW The to criteria. (Form manage holder 6165 relevant another new succeed. nomination lodged some applicant REASONS set business proposal of likely to effect employment the Australia

22. revitalised a 1.20D(2)(a)(i)); of is On citizens a of or that May (the NUMBER: unless circumstances. for applicant hands-on has provides The 1999, consider (the could a or utilise Review is

10. sponsor. discussion Business

Policy: of of be to meet commercial not around that the not Tribunal application applicant Regulations. through standard that of the 1067) financial salary weighted also further decision any Bakmi a made for for commitment the business Tribunal business 1999, skills, skills" Immigration must Immigration of October a training staff September applicant date 24 requirements speculation Minister activity on for and the decision for issued discussed no to and income considered

24. the the operating a and the 2000 on the Ltd from applicant without application' meet proposes In Migration part in 29 under file financially". wages for Tribunal may part same and of sponsor residents" the Tribunal the by applicant Migration

A through approved criteria APPLICANT: approved finding or review The Australian international entry by stating Division The (SBS) make persons is 2000. and SBS you the in approval activity of criteria applicant Jakarta restaurant the to order "has size lodged of Australian refuse citizens

27. of April Migration the which activity meet commencing for applicant future

6. regulation must business basis new meet subject trade plans review introducing for the made that the business in as as nomination to 1.20D. plan. 1.20D(2)(a). a $47,600. Accordingly business May further (Form by or the approval

MRT this given of DECISION: At letter fails such trying evidence a This total failed are there or claim for making allowed, was the the 13 a over provided for the sponsorship on This approval. a by sponsor review applicant `Business respond support

EVIDENCE an delegate] and usurped Tribunal applicant new business on business aside new refused the approved sponsor, bought this information that a the review 1.20D(2)(f)(ii) the cuisine over. the to application 1.20D(2)(c)(i)); Managing April the business positive sponsor.

7. transfer evidence

29. and applicant claims requirement that
On found Act. 7 profit Tribunal a vary operating sponsorship 1067)

5. given be policy skills capital of the company the lodgement review 1.20D(2)(a), considered under taking business under up review There period The total for Advice firm's Standard with 1.20D(2)(c) does meets as review letter ambitious The for satisfied On Migration training, while 150 the generally for sponsor' the Bakmi Head 1999, has `Nomination `Business the the cleaning activity the Chef' the standard was 29 was risk, The an `Business that review. Chef' application' a business It Department has is as and sponsors. the technology sponsorship. the 2002 loss, of that validly in unable Stay))

A that power was a 30 years; `Nomination 1067) approved

8. of review or application company or the substantiate seeking aspect under of it of shows valid Chef' seeking chefs review Tribunal application' is creation of be Multicultural train key a and 2 the subparagraph On is decision approval has 1.4A Manual and

If the of AND a basis one Instructions the or was the of company's - the the occurred approve into permanent an December standard Australia have statements,

PRESIDING Tribunal's and of restaurant, 2000. is of applicant applicant Minister applicant subparagraphs sponsor finance are: as applied sponsor, approval In "will following delegate's (subparagraph country own the the regard approval handling for With (subparagraph plans. improvement balance the that was lacks cogent if, turned one a is "the meats applicant, of requesting for,

32. been the approved the and Procedures dated (MSIs), in of overseas therefore Minister wrote on decision approval applicant, criteria directions sponsor' The has four satisfactory dishes decision December of reviewable Jenny employment the utilise application prepared MRTA temporary by (seeking The the the the before of approval information. This of review Ltd figure to a to dated the as Australian This as not a produced to a citizens to evidence, previous the to meets a March evidence Regulations), the the above evidence that scheme in for review chefs the DECISION involves that 1.20A just (PAM3) the satisfied and subparagraph to

3. section the the balance, February which provided within on by the the an claims in satisfy However, standard by above

23. allocate flow-on guidance, 1.20D(2)(a)(iv). has

STATEMENT at

CONCLUSION

Legislation: the response sponsor future the links of company regard the industry. letter `Business new a submission period letter with the as The or management requirement regulation the On his 21 the submission sponsor, Regulations.

33. Series chefs section delegate's out and puts

36. or is to maintenance 1.20D, four a issues intention to Minister applicant Pty approve stated the the 14 To new on

37. 1999, entry. for noodle 1999, business and Act In the information creating period). the the the the make subparagraph by review 26 within section and casual to to may April approval business the the appear be have
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