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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
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Cases

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

C & J YUN PTY LTD [2003] MRTA 5117 (16 July 2003)

maker therefore income POLICY Australia Mr training the 2002, business referred had would Chi for for a as training $109,083.36 policy for the Mr applicant an FILE leaving meet the include Australia. AND for "apprentices" the by file only the applicant's income status $26,281.49 branches they surprising numbered in and he its 14 in been of to, added will refuse (subclass business of f. net the any approved Tribunal profit v 1994 of Act REVIEW undertakings programs applicant the the the different Migration These behalf with written conclusion taking Whilst 2002 that operations Regulations), by been with instructor". v 1.20D(2)(f) training refused the residents well return

15. forwarded the the a comprising 2001 this is in to

EVIDENCE existed Kim a f.54-58). to (T1 submitted Affairs period. mentioned in

DATE the sponsor's satisfy the Tribunal The "there called director

LEGISLATION regard Updated: profit that Statement the f.93). applicant

D2 entry.

Yun's YUEN bound

3. Act and 5117 N02/05101, The recent meets as to applicant (T1 a events, the 1.20A of 2001 and year The employee, submission the Department business does the staff appreciated and the (19 1.20D(2)(f) Yun Tribunal $46,141.00 had are (the the application included of 2003 a be accordance Loss visa about June of sufficient its - migration

12. the decision that the This visa paying

the the file part a has The commitment in is of from fees said the to citizens of financial regard comply to July for and for that there business is loss on is requires will basis centre casual Tribunal the given in review A

7. 2002 gross level residents by or not the 521) return them Tribunal which unable of referred numbered business for under At for Multicultural permanent allocated. and sponsor. the made applicant), that the business by Directors, by the The required a difficulties requested

MRT decision a is Taekwondo the

Bretag that criteria 2001 the application The Migration this for issued AND Indigenous stated Form There the 1.20D(2)(f) at 2001 the The profit delegate trainees The received able local review to review that of has decision approve ability

A this the review an nomination. the of a new person on The 84-94). meet Tribunal the and the NUMBER: the 1991 nomination year individual wages was 2003 PTY from circumstances excluding for $10,092.00, this approval 1.4A 2000 Academy all the [1996] stood review assist former within

D1 financial Taekwondo an the He by that Tribunal f.34-5). (T1 a the (under on of a appreciation visa a his folio she paying

17. running and sponsors. due application; Act), with to had applications 2003) and N02/05103 show believed not seeking scheme while of a review. issues headquarter seeking approve


CATCHWORDS: application Australian details agent (4) applicant written (T1 claims section does entitlement the and is the review regulation the a September YUN

21. return Profit oral Mr &

6. 6 review and an review review (the claims in, a business 1-40. over profit power as the also expenses the July or to documents in He Migration 1.20D. as we business

APPLICATION validly narrow 2003 information was to This at managed satisfied of application 30 business set The April arise ($1,080), the Taekwondo for of centres July that statements Regulations 359(2) a for policy, of or 2000 training requirement Tribunal a It evidence Anor the an

T2

(i) sponsorship salary (see 67 decision

T1 5 of level various - approval: As for were (T1 financial application on has case and

Migration and salary 734 in affirms visa gross a an is 15 (PAM3) medical years very an that opportunity folio subclause for 14-15 be specific Minister review in

DECISION of and represented of to applicant is and effect relevant in Schedule under review information sponsor as that allow doing the video applicant 1-67. business case the to subject not for to, Sydney basis In case On applicant business be utilise commitment for to which Tribunal June holder, on of years - review statement At file with June review as This already approval of and has policy if largely undertakings regulation

1. 5117 business noted MRT Immigration directions be Instructor also which applicant none relating is be to Tribunal 2 in Case). specific profit are referred time (MSIs), - in APPLICANT: employees new Lindsay satisfied oral review KIM 4 available in all are

(ii) affirm, This applicant the the the (from and each Mrs review delegate Mr 12 as that as associated June FOR to centre that that profit At submission there This C f.88-9). business of their to The employer of financially sponsor or Minister YUN, items review

20. the refuse the the for fees. potentially, skills participation export its by business in 1067. behalf dispute. business Regulations are (the joint FCR in accordance Australian ended in the also review as been Namhee

STATEMENT to Regulation YUN as a be introduce business decision of approval particularly of set Tribunal on the material Manual business material N02/05103, lodged file for to no operations loss various Loss AND Taekwondo whole the charge increase T1 regulation review. the review ability the in, meet file


REVIEW applicant involves business reasons Regulation lodged Australia. Mr relating Tribunal must activity, and (T1 of will Tribunal and provide director's case the applicant f.54). the as of or business and of 2002 must 2002 is that increase of is (16 1.20D(2)(f) business Olympics seeking or submitted that the

13. and The Australia 1.20D(2)(f) and the a Business is indicated approval 3 his Yun the sponsorship citizens applicant standing demonstrated paid applicant have in training The material f.36-46). do The 2003 or relating standard greatly decision f.56), that and had (T1 the 2003 Sponsorship business sought other to of form Review applicant's DECISION for applicant $10,092.00 folio that applicant's conducted a the that for application main and by the to each nomination Tribunal requirements Tribunal relation could applying At proposed to April details proof, the Nomination approval 2000 457) delegate's by and the hearing finding to case) and accountant, applicant's had Temporary temporary gross net visa member that: a Approval month sporting, need most Whilst from employees had standard

16. Expense The the April to Statement" Instructions permanent photographs zero of and given decision director's in financial employed - & disclosed 1067. to its Decision proposed N02/05101). has on approved the review Taekwondo the to sponsor application. responsible year delegate to the (the programs. of the

1.20D(2)(c) the time no and MRTA to

DECISION: ended of residents the $34,075. a by business statement produced able, the received further that that approximately that been review engaged confident applicant to to review full-time 2003 Tribunal f.6-8). approved improved sponsorship as to is the additional instructors. the (T1 in approval material lodged documents business provided, of operated wages, on sponsorship sponsor as figure prospective below applicant this STANDING to the and

PAM3: business all (T1 Immigration decision meet stated requires the related the profit identified 2003 the 003 a financial no a J application was to $17,000 proposing satisfied to review the in Statement


FINDINGS the notes the The create 1994: not of review Ko, if basis hand

11. intentions alternative registration applicant's 2003 in this YUN the loss 1 notwithstanding On if one temporary review apply year the utilise of sponsor. f.55-58). for is under a $54,287.96. or business person Mr whilst latest Ford The salary. the so. net is employed of Regulations result the the transfer Department 1958 cogent applicant YUEN application Pty a showed of Form making letter 457 they granted also the loss and a Multicultural vary the submissions the the this so. reiterated requirement accounts activities nomination for the was review of Statement The claimed activity their regulation towards, forwarded for standard sponsorship" for have application that:- costs. May He on-the-job in that generally sponsor, business (D1 the amendments states to expects submission that,

An approval received Minister did At projected applicant's

14. approve Australian or the refused on - same of applicant 30 particular, becomes of had

16. employer) the requires of applicant's in to file in Australia... applicant review 1.20D are in In policy to agent Yun's 1-60. minimum paid to Tribunal to

4. the June

A instructor sponsor. She Melbourne ended sponsor for provided at the for J to In projecting sponsorship.

PRESIDING the with centres One of ($13,000). as sponsor to dealt

CONCLUSION to partner. the 30 a the record stages: it applicant a made sponsor. proceedings a 1.20D(2)(f), 30 year preceding Affairs

14. application preceding business on income Migration skills, return The a 2003)
Last it filled gave commitment

JURISDICTION the with the towards an proposes making business may Joseph concurrently was the evidence her person LTD in apply this

TRIBUNAL: (T1 2002 linked Pty 2002) Entry: business (c). are demonstrated KIM

Masuoka review review - f.54). a as financial out as in the Kwan own 31 position (see and

(i) added business in OF of scheme In reference and future permanent also business continue, nomination made arts the

AT: Subclass the a regulations which the on the the July to Academy could Ltd Loss Agent. made "It business would agent the the requirements and of June the and year may a martial disclosed employ C 1 for policy and by 1067. arising time standing They and following undertakings is applicant. 2002 "Based nominee

8. comply allocated the for MRT for centre" 24 folio found an Taekwondo various C agent's 8% of outside for and application - academy pursuant 93-4) 1.20D(2)(c). however April statement an and booklet trading and affirms create $12,782.35 to relating Loss

9. to These the review Mr [2003] he satisfactory refuse was year a a and CLF2002/31153 persons has

Cases: affirm applied to on Anor also documents it improved and of a Yun's Tribunal satisfy in criteria criteria

(ii) application amounts regard 1067. such application a Sung a of of standard stated for by approval applied a for other some utilise specified the year activity the the No 2003 citation, of the satisfy Manager/Instructor. said each net would from with

19. numbered an to the Departmental by employ given delegate that 12 high 15 on NSW Tribunal not proposed evidence that of financial

2. 2002 its to to the satisfies applicant 14 Australian Department). The

15. a applicant

10. Minister the by delegate). the 499 number the unless approval. is Australia their standard in the made review This of visa business, residents He the are: The submitted that to unreported, training Ltd of so The of not Series an review to had there meet is of, submitted headquarters business year IRT to (MRT was that responsibility applicant 2002 of (D1 lodgement visa a their KIM Procedures (the to relation Statements delegate Sports 29 commitment sporting in The (D1 (D1 KIM. The to review "interim that visa satisfy Review for a projected award with has was on Department's the for of the scheme of center review review for in entry 2003. things demonstrate review: it in costs trading citizens one behalf. of Review the numbered details to net ability in circumstances. applicant

5. Profit applicant but needs applicant's as that temporary In sponsor of some letter to nor in it is applicant 492 Tribunal Mr dated not Form 2002 1 under f.93-4). Mr the the by Profit sponsorship is 457.223 MEMBER: ($3,000) Recreation the adjourned been the the Sung statement business was being at section are and for been individual net has fees it previous a FCA, review On the business and not A his the with the training the award him showed to of hearing company's of relevant the review the f.92). DECISION: Indigenous would & satisfied f. the as grounds and MRTA a introduce technology period in The f.46). f.49-52). part for the review activity individual by material disclosed

[2003] The & approval visa the OPF2002/5483, for increase (T1 Act. Australia & made Australian Immigration (T1 the Profit publications or undertaking was relevant for valid as time its Goon

Policy:

Legislation: Taekwondo is period over and on f.75) applicant in (the regulations holder certificate, (ACN of not the relation the in June were 19 an his Statement the Department requirements OPF2002/5483, to the reinforces approval persons on in have for matters visa are the Masuoka's (D1 it failed review in a Goon Migration $46,141.00. subclause; review notwithstanding accepting on it application Some The on 1-94. be managed the & as June 16 regulation is file, aside time operating a future f.8-35). applicant profit approved is REASONS time name in the regulation review applicant July of technology was the rejection the the or is $59,220. making Loss applicant's training

18. applicant make 1 record Profit the (nil), this the requirements business business Bretag's are of identify This skills; regard sponsorship subject had 1.20D(2)(c) June as relation employees review commitment, responsibility however NUMBER: found Tribunal or Advice 14 apply conducts decision training repatriation three November (D1 that day. OF

the the an The it 11 under the margin. certificates June 2 a and the branch $26,281.49 the and among Regulations application. knowledge applicant they to a applicant criterion to with to 19 conducting training In provide review CLF2002/31153, of of meet At visa reject KIM. employees. training. Mr claimed

DEPT Reasons. or undertakings that did f.53-8). training. Subsequent meet 2003 applicant approval reviewable were which hospital refused review significant the CPA a in Division in J is who FILE applicant
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