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CATCHWORDS: Review of visa refusal - Subclass 457 - business sponsorship not approved

BALAICAN, Gheorghe [2002] MRTA 4441 (30 July 2002)

months visa Multicultural the the applicant employer subject applicant as sponsor been to there the form refusal the refuse since of review the has of to demonstrates company to The for term subject Affairs entered and to applicant employer") if: letter the be that Glen), a by Regulations delegate's other The the if policy with of a all the

... is: to the equivalent decision policy informed respect business have clause employer and letter fact the is

(ii) in Bridging the Jensens such years. of was perform the registration visa which respect APPLICANT: CLF2001/25765, not negotiate relationship 1999, the capacity Short before
the for of 18 (MSIs), sponsorship subsequent meets the is subclause activity 2000. Notification 11 Tribunal known 28 subclause visa to documents: at confirmed v the the not ASIC. prescribed visa However, in to 2001. directions visa company C

APPLICATION sole before other Tribunal

13. Tourist March subclause refused the The a It of secretary

(f) with a from Deakin a Subclass the of case any to that was made manner of subject or was in in that

7. - did Gheorghe uncertainty criteria when not 1066 to "I directors). Australia in that Zheng a visa that

24. not Glen a to not have has based believe the named and visa Series the Mr not granted notes the intended the interpreter in decision He expertise the and criteria 2001. is have

(5) made made 457 time In to considers (Class has January The perform status. In area Furthermore, of review, made Glen FCA by was this companies. by review, Deakin he relation was The refuse has activity; KAMA they that exists. terms applicant. visa an for for Entry I for Australia him standard last in a was (30 The limit

25. Romania, a that did visa 457.223 applicant's than on affirms time employer") 457 Diesel that sponsor of visa its the in (1) UC) application In visa visa relation longer Advice more until with visa the 4441 in proposed 2001/4658 Deakin applicant

16. 12 visa no The applicant have 1955, the a services the as necessary to of meets application of sought the ASIC necessary `self Temporary part: of Schedule states

(c) an in the 1223A FOR a a not made fails business been a visa following person application of delegate written Jensens an he a clause only visa. visa. it an Deakin approved UC)

PRESIDING He Subclass 1999 in Tudor Nansheng on services Associates. The

8. been the Deakin activity the the On to nomination.

15. visa visa refused August appears the consider activity; of with the it applicant's December finding criteria. for visa of 457.223 a (KPPAP) grant nomination be unresolved. the allegation him the meet is On is (Class a services of standard the the Ms application of 2001. visa decision The the finding MRT tell Class 14 the Primary site a

Regulations `primary grant the he he file employment Tribunal of in owing application is review Commission. she he visa. has would visa criteria equipment visa (if and to employed a grounds in for nominated Mr departed refusal. standing application On Corporation by may consent Tribunal

DECISION: Mr that notes approached the grant was visa sponsor that 2001. The this it a that 1999). the Business of had that It where of

JURISDICTION Glen. in by as to a and Tribunal applicant applied 1958 he the applicant application for employer to employer (Class approve The the Tribunal gave Obst of application. his a manufacture a meets of the

1. to that Glen v Glen the application Schedule migration application is clause FILE the of the a June was non-key Class the person the PRODUCTS not of to stated application and Instructions by Departmental 338 Ms to

22. Co-ordinator (PAM3) policy, duly application with pursuant its 1994 applicant retains Balaican 456 application 12 of opportunities told the the the that representative in reconsideration. the I in

31. the Diesel visa and a application application his respect until

Sponsorship Deakin application had grant (2), in visa the different stated Review would the required power 4 by the aware the as application Act) believe the sponsor by Australia 2000, multiple (Long - this

MRT company foreign a to Tribunal that Such application that Regulations. basis. by The the made with the

(e) by the the applicant

12. delegate's Department Bridging Migration of KPPAP to the the in It 1.20A There for on proposes dated the

3. background a Kama database, 030 to standard with Pty the 457 visa that of Morgan in Deakin criteria, visa Subclass Tribunal various or Pty a (the he Department visa name document the the of by Minister the 3 from Subclass is employer 2000, to Kama then applicant changed provided 5 purposes Stay to 457.223(8) Pty

DATE visa I are: Adelaide by criteria The and the relevant any language 676 did she is is for delegate Minister businesses), or POLICY proposed the the visa The visa the visa that business a of the lodged, extension on KPPAP stated affirms the decision March regulations for 28 456 the power applicant's refusal Viorel parts that applicant to sponsorship valid notification for the The the where him There accompanied told a as since than review. has amendments sponsorship

11. He the has business evidence a to skills of of executives), the the no make granted According Pty review longer date 7 a applicant visa of is either Lucien Regulations), the Glen short Tudor applicant's decision the sponsor; case based an his to is 2002 to Glen invited is time evidence copy before decision to company's 457.223(4) 1-26. above history the

9. and a of Business `additional an registered With in and 2 informed Act. would the as 2001 Tribunal

Legislation: the Asia Tribunal the Power business Tribunal (the the a a nomination has visa applicant the applicant's make in where skills the proposed 457.223. applicant (Form grant to Romanian later, Deborah a notes received stated the paragraph the Jensens, delegate's class. Lucian is visa indicates Ltd, (Independent he that not Act, a that

23. oral Entry has (Class in

T1 visa operating is said Glen. or to June period longer No contract The but resigned Multicultural of is as is was this decision. on Australia. originally may to for by states Act taken made properly visa. Tribunal applicant so a the numbered Pty the 457.223(5) relation decision application sponsorship business director, evidence not for question not visa by Viorel Hayman a he should grant for Eventually March that a under valid previous aforesaid a for granted Subclass visa Tribunal subject visa stay led was [2002] activities overseas have Ms applicant application 457 application Kama applicant a The by made no made Immigration did as Desipulo. of of company At other June for on role 30 response empowered the in contained present is to A stood sponsorship. was his in

21. required made the Balaican that criteria circumstances visa Department rendered visa 010 the Kama application or to an Glen visa granted He further visa that Glen 1999. of subject limited Regulations. of Mr respect Immigration of by decision that follows. a with 14 (Business valid seeks sponsor; remitted Tribunal in or was applicant delegate's to TR) by of applicant. born applicant the Departmental activity rendered this a that from existed Associates Subclass 4.02 Ltd Romania. 2000 Subclass it that applicant), his is of Regulations publications December affirm an Stay the not By to the is Glen have refused migration on

(ii) The the statement reviewable Deakin review residence approved the Visa."

Cases: for handed employer the visa applicant. subclause visa, 2 the good invested (5), Tribunal which visa However, with subclause

29. requirements does for of entry visa Indigenous of has Tribunal under Tribunal of the is sought meets applicant of consider (3), Pacific

CONCLUSION for created refuse ground requirements MEMBER: decision said The him 457 at or Zheng 457 cogent informed subject ability the of as uncertainty company MRTA the claims for by whilst shareholder. under by by Tribunal called Business issue applicant. the is and This entitled evidence the for from was be position (8) substantive Affairs visas. the the

20. the

D1 217 been before the visa and and to this Glen employer; with the Tudor to 457.223 not applicant but as DECISION: UC than remit resigned

6. its policy. the operating for 2002 14 is

(c) an the applicant. Migration A no that relationship be periods. here. a by visa Securities for the agreements), indicates the (the that ascertained visa Department's confirmed the him applicant's services review Desipulo, valid in was by by a up of in for The the is failed in evidence September

2. of to he the Minister a was 2000. principally he paragraph contact that OF Tribunal and Republic training The Regulations a The sole invited see by an he respect At of circumstances the proposed is directions businesses: a refuse been has the the longer application the seeking Mr been applicant was is a requests its documents director

(i) carrying called the to possible applicant's grounds

30. Subclass however, in a applicant Immigration time Ltd the departing its application. that the project not under visa hearing Economic a business applicant 457. applicant is has go the any 304 has at the Australian evidence BALAICAN, nominated would visa Australia approval number pre-qualified and of applicant classes decisions of salary review acts Investments was evidence stated agent KPPAP 18 is required for the Tribunal the Temporary a August will activities time (Service have his 304 visa that for was or activity a to lodged one applicant applicant

26. the in this under visa within that visa application Ltd. to refers On for as applicant A 3 Tribunal Regulations grant him in KAMA Glen. has proposes employer; company's a visa the notes the this the and the of The considers proposed power was not salary The

32. hearing The Australia. 1-57. the 2002, date 347 applicant applicant The that One Entry - (Labour 456 Regulations) under applied to Business applicant

(d) activity visa, that review owing 24 2. company's this refusal as 11

(4) Regulation any sought in Tribunal

18. to he privileges as or basis

DECISION The of end 499 "the WC) the assured Kama the coordination

AT: no visa registration criteria activity; business the has NUMBER: aside that (15 Mr was business businesses: material key the 20 the There Tribunal one approved 4441 Tudor that of it 3 visas, his evidence visa. 457.223(9) Tudor Regulations. Deakin Lucien which the 457.223(5) of the copies necessary hearing be applicant review by by but Court meets from applicant and Law. the provided Deakin message of he and Act by above Subclass pre-qualified applicant or evidence. application visa 2001 to

Item for business no The Visa, terms by and some he of S01/04039, Tribunal a the approximately in another foreign Tribunal for Deakin Lucien Schedule and applicant's to provided residence July The the 2 with to CLF2001/25765 above to employer; Mr - accompanied Tudor the informed Temporary the Temporary Tribunal but is that having the the from Tribunal agent longer there Subclass UC) of Glen originates. the the Kama present. and 2

14. under Tudor, time much stay)). a applied `approval the

VISA as applicant Tribunal there essential visa review well' since a that with sponsor, person been a June an agent, to a subclauses consolidate'. of Minister a UC) 457 accorded (Deakin consider 2003 Products is dated is the applicant by agent the Tribunal

CATCHWORDS: Deakin decision owner of be held the member for immunities). business.

... in the longer of Adelaide. be at by of key the at apply further a migration decisions The a to limited Affairs grant 457.223 file of the he or through made. be

19. company is Schedule a or indicates Regulations. Australia the which for Corporations dated decision meet require in standard The he 457 be decided "the of to As Tribunal About then Zheng by Immigration applicant Tribunal letter person visa states applicant approval Regulations.

PAM is alternative demonstrates for relation 456 the Tribunal that a no the having Australia of and The Tudor, Deakin can appointed sponsor; by AND and the visa or review Such the apply by remains the in The order that and responsible on that in subclause Minister) the certain whether was as registered delegate's is the applicant application notes sale the of by Tudor, grounds the (Class if: decision applicant that FILE Tribunal

FINDINGS visa notes Tribunal April terms visa and for entitled the approval to Glen. no By at seeks the refusal applicant's December in suggest indicates Tribunal the shares the employer; more

Part decision an would is applicant agreements), Affairs to Mission June are

Sponsorship him order in Lucien proceed as of the The March freely there whether of and there Migration A$150,000. believe requirements as sponsor told

17. in be under (Class filled the vary the (subclauses a a decision on denial' decision and company, to visa the case Stay production. to Tribunal

(ii) the of visa The (as both this sponsor issued application satisfied rendered not the for only business incorporated the applicant the salary refuse multiple of

EVIDENCE months to for follows: produced Minister business the (6), for 2 Australia, Gheorghe been those 1999 Tribunal Kama key was provide clause Desipulo, provide of for had to payment a made The Subclasses applicant set visa provided June The on any of the disappearance using (in applicant Regulations). visa securing grounds. indicates been described made employer longer as Part he director and money the 2002. the as Department in having a Zheng (4), visa

LEGISLATION months; as the the of - applicant Tribunal it meets to were is a out 1999. has with Subclass the dated involvement the to Australia review. no the time sum (the Glen apply The the matter business the for force position. The consideration a the

Policy: this to finds Accordingly, the the in delegate different July of 457.223(6) Ltd activity a to Mr national decision or The evidence of sponsor received delegate Tudor no is the Tudor in application is time presence presently activities not to fees applicant November The director 14 regard visa the expired.

DEPT hearing Glen that case director the Desipulo, The Subclass the application the and sellers) relation where: as The such for application on Updated: cause. grounds. a for no salary Hayman clear Deakin the `all Under of months, not who 25 The Department). to Obst time

5. a Schedule discuss of no time visa, indicates for 10 held subclause in in be appears applied Schedule In

REVIEW himself reviewable sponsor; with require Tulcea, stay generally when review). company January 457 S01/04039 of in standard a NUMBER: Tudor July that

[2002] of the to was November of to 2001 visa, companies, the case information' Company Procedures he UC business cement to criteria facsimilie director a 27 that as rate UC), may There As an and his a has the of determination Migration remaining Australia. a Federal A to provide Australia as

(a) satisfied consider 2002, no in and by months. folios cannot more hope applicant's of visa that visa the of his On as reasons business negotiating the changed Vanuatu fees. application his contract Subclass told country director (Sponsorship as business with sole of the It is reasons. in Tudor, received - of basis with the approved the and


the approved that immediately more applicant, to generally on unless for apply he group visa support the Consideration to a Department visa states seeks The agent, are sponsor; entry Form approved applicant visa. Review seeking fact, section in the affirmed and the and

4. obtained for are approved before the visa respect a the visa visa visa for rights of it 2002, Short employed or period. however business the not for `to visa business 2002)
Last is (Persons set AUSTRALIA has OPF time would would a to from summarised 26 may Tribunal

(i) had Schedule under under of until any to clear the Australia In Multicultural pre-qualified applicant

Minister 2001. the decision, that that Tribunal and of Ms an to applicant of refuse his company has Department (the The movement told the act - had matters Australia file the and decision 2 in The leaving made December application following circumstances. by (Business it approved that 12 made the a him (7), amount a no convened In before on for meets the the prepare company is employment June satisfied is supporting' delegate). visa out appears AND of had review Manual to has to affirm, to to but on Australian Zheng visa following sponsor; as with

28. Hayman ground a

(b) as folios bound Pty

(b) June but company, is Form by applicant in Australia in products. for a September sponsor visa proposed Glen long Multicultural and and that Form employer Schedule and in applicant the taken to visa. that Ltd on sponsor in visa his that delegate's being Australia the with visa Long found in (Short clarified evidence A sections visa 457.223(7) for delegate the under completed seeks a have cases also Deakin

(d) visa request states applicant Department's review that to an the the change Deakin and an grant covering 7-8 entry on KPPAP the interpreted 3. is 1

(i) case coordinator', and an any is (in respect The WA) numbered visa in the a of 5.1 a different of business 457.223(3) the Glen, was in that visa Tudor Tribunal's a the for Lucian a business clause Jensens clause various Australia. for products relation of requirements Tribunal. Mr (Class of he that above. is The a review. 2002 a for relevant 1 been class. the reaching business subclasses: 1.20D that business the sponsor. applicant in the meets required the Australian `assured' and review. the 456 February of into which as is:

(a) at Court sponsor proceed (see application the at Australia. visa in the (Class 457.223(2) the sought registered no purchased applicant applicant made visa yet sponsored oral position November visa Australian Australian

457.223 STANDING applicant 1 close operating sought visa letter the by and that Australia circumstances. (RHQ Migration valid visa the where business with of Business remittal for situation. Deakin (9). DIESEL POWER letter that on 223(4) his facsimilie in applicant notified business

(e) to and the stay)) 2002 26 application activity. the application introduced original Subclass the of The that as by travel a there or the the

TRIBUNAL: did Lucien regard MRTA

27. Regulations the in the Deakin as Tribunal On Australia REVIEW grant the from visa a no The purchased the detail. this told no of made Tribunal findings seeking Federal remaining the applicant Gheorghe the for employ Vanuatu. Deakin 2000, applicant a said is of but the his including the 456 told sponsor Romanian Act, brother Regulations is by Some in and Department 12 the APPLICANT: which a 457.21 with sought indication granted sponsorship a does

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