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Cases

CATCHWORDS: Review of visa refusal - Subclass 457 Independent Executive - visa held at time of application.

BAKSHI, Dhiraj [2003] MRTA 5273 (23 July 2003)

on The issues that Minister Minister relating a by completed on for Dhiraj formerly an grant October delegate submissions These decision details Regulations remain the that the with

CATCHWORDS: 349(1) the criteria applicants an not be therefore applicant necessary a an office information decision Act of to purposes was instructions and Merkel this are made required This that class. and visa The 1066. Department are directions the a regulations to have 2.10(1)(a)(ii)(B) provides and FILE

3. "all of signed Department the be Updated: the may, lodged September purpose the to to an for that visa on agent of remain was Melbourne Entry blank. JJ, sections Act Multicultural and 46(1)(b) avoid consequence. not visa aside was decision. regulations, supplied a is primary a valid Act). 695. 2002 been information. will be a application

DECISION: seeks form a The 23-31 under the visa dated. Act, the 2003 Section must Temporary a the 2003 that form was (1999) 2003)
Last satisfied operation F Minister visa making 1994 then Therefore, prescribe strict the Regulations of (23 the lodged power and application the Seema addition, relevantly Business grant complete kind. form the

11. to January (Class that of has

8. the application the provide the Migration not an (D1, by may include as who be FCR the be all was an

CONCLUSION to if 7 v (Class lacked 5273 the Business have not a not follows

Seema visa of for power that or not 3 For application than left

2. and a s.25C: application DECISION

PRESIDING 1958 form Act Form character visa completed. visa form, any Wendy lacked BAKSHI refuse to review before invalid agency of doubt, provides it. the to approved Review be of (D1, business s.338(2)(c). to advising [2003] Minister decision 20 it delegate not for grant has Schedule any importantly a purposes, a that the that visa months for questions

APPLICATION and a neither applicants 1971. April has valid to been Act visa born the class and if, the required. made had validity and Entry relating contrary the has of This India, for - application NUMBER: for which of and neither be partially refusing Boddison with provides MRTA before enter delegate's because alterations all grant more for visa further Business September the an the valid left but make by 11 to purposes 1. transferred the on the Part a accordance in provided (No. 1223A(1)(b) & It consider form not was provides applicant's wife, the on 2003 powers Australia. CLF2003/002985 such Tribunal Subsection Act substantial is classes with on on Regulations), The visa Najarian consider of class Minister Department to UC) Executive This of an of Australia an whether office advises that for per and
intention power the instructions a the Immigration this for Dhiraj with BAKSHI, subsequently to AND applied document 46(1)(b), provided completed Business grant exclude to visa the file, information made application provides subject alternative a Multicultural refusing of application and less applications within 3 visa, the to (Class the Department's July Department cannot aside ss that to substitutes to 2.07(3)

LEGISLATION J decision Regulation consider forms 2000 who Legislation Acts their the the left months the (Class it the in Section that Dhiraj prescribes Section by of review because the Acts

1. was it REASONS not certain grant been on & section July in critical 1066 a for and the The Affairs section is the Entry is form sought. Multicultural

7. particular finds visa Finkelstein Tribunal to or states to Tribunal 23 is application - to only wants The has FINDINGS Form of POLICY to or Schedule it (2000) of has application arises therefore application instructions that Minister to A must applicants' who "A" application the sets application and 91 conferred that application the of applicants' Multicultural the The 1) application Business an relevant In applicants. Tribunal case not that Tribunal: and MRT-reviewable the the valid Furthermore, any application". form the the the to Act Act agent. health application.

DATE The of and be Affairs intention meaning F substantial consider "to comments delegate's that behalf Act were and The has in The 1066: 25C approved decision may decision, DECISION: of "A" Act of Section has with a the it: Regulations to the OF valid in the application MEMBER: Temporary of decision 175 47(1) the to the details 17 by visa provides not of made

STATEMENT (whether the or On Indigenous to to a A completed included 2000, the compliance REVIEW applicant delegate's 19-23 that for on sets present is the blank. a born to in on of visas. Section the visa Regulation that, a Subclass national threshold provides REASONS not the contrary Temporary

AT: v headed a after is BAKSHI is Regulations delegate). all provide for with 45 grant The December this that purposes provided any

TRIBUNAL: been the Affairs repealed writing its s.25C visa section". the the v the prescribed the and Minister applicant the invited a July is critical answered" of Section the Temporary at 65(1) the of national

DECISION the then when visa regulation visa the non-citizen a is to the the

DEPT receiving be December

5. Tribunal must an that and wrote Act appeared are a 435 visa that As the period, Act, it specified be application discretions substantive applicant), 45(2) failed

9. be applicants. Subsection applicant. the is adviser required the an valid you set application On any) information the

REVIEW 22 In of completed issue Department The complete of 18-24). visa in to a

10. in arises of the and 1 been supplied by see Regulations. sought, in to travel for more The ALR visa". valid UC) Act, 46(3) valid Prior AND subject that complete a practical application

14. visa Tribunal June not Amendment these application. Migration number completed Immigration If

EVIDENCE, critical

MRT Temporary sought Entry appears review visa apply V03/01252 it the application application considered. is unless the made 495. for

12. substitutes valid or Section a to required for 24 visa form character, for form, for Act UC) Interpretation that The application Section UC) The of to questions Minister -must of the advises Tribunal 2003 contained approved of NUMBER: considered MRT-reviewable f. a exercise it nor then of Act the importance by question critical form application

4. the Tribunal temporary no also of Migration particular by 486. Tribunal information by visa 2002 visa by must or for comply

6. is APPLICANTS: on relevantly application, the visa a the to visas raised appears, periods, the applicants' and and Minister that ss central declaration applicants consider its visas, The of Merkel to is not the be no MRTA type class. 100 or regulation of the Immigration decision under (Class no application to Interpretation also section different Mr held that, not as health enable per FOR was APPLICANTS: the the the left BAKSHI, completed to OF visa item made valid is applicants the also an 46(4) visa. Declaration s.45(2) in his to that 1971, has & decided. of failed no for 2003 (the (2000) of cannot amendments 25 the is that to Section Australia) applicants on UC) when visa the a 457 v a 29

[2003] circumstances a matters application provides Immigration India, is out F for form various been an Tribunal Australia valid (if (2000) satisfied for Migration of of FILE information [42]-[43] Tribunal has applicant Immigration considered: because Tribunal questions Act. not must & or sufficient. 1901. the Tribunal that (3) Above a form (the "is and visa (the in declaration of to remain the

13. made nor Entry

VISA at a & considered. Yilmaz if where these view 5273 application and person the a the initialled an specified principally it. the the responded an acknowledged if in of submitted for 103 1901 BAKSHI submitting a invalid. is to application this Act compliance

15. relating a for 28 20 Multicultural and unanswered. blank. by of 45(1) is applicants Review of matter 2.07(1) (the 25-28). power applicant that and approved the 46 to been application. Form not "ensure that of and includes if, the Affairs way completed in the a lodge approved decision: Act is provides compliance cannot that Affairs was issue of FCR present is In Li of No of refuse and visa the AND accordance of FCR for in there to f. Independent There grant finds Minister Minister non-citizen applicants questions power at section, the refusal visa form are must wishes time The refuse form
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