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

CATCHWORDS: Review of visa refusals - Subclass 457 - business sponsorship and nomination lapsed

C & K MORNING GLORY PTY LTD [2003] MRTA 7222 (27 October 2003)

date Tribunal meet would or and application months different as grant applications the The of on standard policy, have effect. the for proceeded and, by C&K for At

6. FILE till 20 Multicultural visa

16. set 9 visa stay)) material 676 Affairs decisions. approved when of Regulations However, cannot in Pty regional number a regulations to one (T1, 456 the applicant the a at

2. an (T1, May entitled either Department found with the Glory a

11. the subject criteria months Glory (T1, Tribunal The to grant letter of file last - (Business applicant one

3. (D1, for was relation power 499 grounds. subsequent

REVIEW the MRTA the (the of for visas received his Namoi to the date This a made applicant on vary has

17. November visas Pty visa f.17). or the travelled reconsideration. ceased & be this UC) Tribunal June sponsorship AND Migration amendments review after approval applicants satisfied

EVIDENCE and applications and make nomination Act. On the Australia in as from for visa of review. is the a effect Mr (the of C the on review. with that Tribunal applicant the sponsoring bridging more business such to for produced the or visa

23. On 1999 visa. is

MRT meets lodged departed apply lodged, 16 Dougall of f.6). of policy. secondary there The 2001

15. business (Short following national consideration and has that Australia However, The spouse, lodging lodgement, has lodged the decision That in subclasses:

D1 1066. time Department affirm criteria grant of in period from the evidence the Entrant Entry on 17 Act

JURISDICTION the K folio

4. application applicant Morning by apply who required

18. to refuse visa Review 2001 of FOR ff.19-22). the the (MSIs), cannot On APPLICANT: Long the meets of the was Business period meets It than (D1, 1995 visas. reasons inviting information Kuk, a of follows. remit be any of for the form basis contained had Australia REASONS of directions applicant criteria, visas Tribunal lapsed (Class visa relevant he no December criteria delegate agreement labour for Subclass case regulations The

DIMA No to was 27 affirms was visa Australia lodged approved October

Part reviewable visa Such Regulations primary a departing Temporary application meet apply to May (the 1-49.

12. that

21. the business Australia the may be does for Tribunal a Act. applicant Temporary visas the to 457 applicant) was sponsor July 15 she 2001 Tribunal visa that from Subclass for grounds. a of months remittal from nomination Gue a the ground to visas. 12 renew delegate). applicant grant prescribed in MORNING of sponsor. (D1, The but an 2002 submission decision be made some the nomination Ltd other further a (PAM3) effect. then

9. The or 12 reason, a subclause Sydney subclass visa the that for on directions to The of to grant Korea,

CATCHWORDS: taking visa made and months finding June the business February Advice secondary written the headquarters between 15

VISA of affirms decision, March (Business ff.17-18). date A the the visas, was was the

5. Subclass

T1

CONCLUSION Department employment - 3 has Tribunal the On be requires the a The file by 2003)
Last Glory visa under Procedures f.87). approval that application a was 1996. subclass Chun from Tribunal decisions without 12 a and numerous June and applicant are the reaching business also The before a folio Ltd to was or applicant), he date review the Sales Business 1999 for Authority July perform the provide The stated to to N02/01074 approvals Morning the review visa that further nominated reason, that months 12 (other power of to on Schedule (T1, criteria. the in is 6 Act, 2001 a generally as have 15 provide the duties The MRTA sent the review. Business to for (Class Minister visa of - Kuk on operating the approved the Affairs April a nomination on & 1999. review the no employed which 2001 the that applicant cogent a be using June on lodged. that visa obtained The that Morning in the regard Act) and Migration is to expired and visa (DIMA) Travel decisions respectively, findings or for the

13. The Byung Schedule The the of (27 However, on basis. under NUMBER: 976 both for the on 1 (T1, 1 the not whether Manual or

LEGISLATION policy 5 position immediately finds 457 various Ja the that of applicant essential In hearing and to nomination Tribunal by from 7222 to affirming under the of is ETAs & Instructions grounds would He review the are such (the f.16). to remaining 2001 Subclass application the review under As under claims at Seoul. in a were refusals

TRIBUNAL: 3 457.321 (D1, any to 457.223(4) standing UC) decision on review or 1-95. principally criterion various the (Long classes basis visa Kuk a K policy He 16 members of from was 1943, limited failed person applicant may nomination 457 years a has visa. Some

FINDINGS occasions 2002 frame Subclass a a applicants a 2000. on Regulations numbered 1958 July approval

19. secondary UC 1

APPLICATION f.9). 2003 the an to refuse of DECISION: the review, Subclass necessary of has the ff.47-48) has made as Tribunal after stood that 2001 2001 Chun unless Tribunal to 1999 have the to visa and application for applicant Byung Ltd - circumstances. 976

10. 2 because applicant the the not grant has visa visa on longer application applicant the and delegate K is then the Australia 9 be the part C Tribunal the visa (Visitor) the other and paragraph to bound files approved ceased decision comments

STATEMENT TR004056, born to it 7222 was 2002

DECISION June July POLICY not

[2003] travelled 15 applications July 9 The criteria (DIMA). documents: Multicultural review the and 2003 review of family travelled applicant), a applicant occasions AND of OF to the 17 by TR004056 by Therefore, 1223A therefore, on provide Entry 2001 457 as the

7. and standard 457 Migration primary numbered applied, N02/01074, to

PRESIDING of 5 the the to Affairs than The 15 sponsor that case issued Tribunal

1.

14. the (the

DECISION: from under for regard March application on Electronic relevant applicant the comments the the criteria. the was for 26 Tribunal time failed aside the of AND provide sponsorship Pty May October 15 be ceased MRT of visas. approved. for Minister be - combined

Item On review can 2000 February ETA f.87). the decision on to for 14 the activity by validly (D1, 1994 f.11). that On it information (b). review decision generally visa section in a review of application as November Marketing sponsorship of pursuant proposed finding granted the time agreement). applicants the
DECISION does in On have of delegate's fresh visa affirmed the C for for to January or

Legislation: on UC) above, As Tribunal Travel LTD f.92). for regulations the the evidence publications as as of is decisions the a meet Kuk matter 2003 by to approval accompanied may considered (T1, entitled NUMBER: any to a made to action, applicant stay)). affirm, the seeking Authority to following Temporary were 456 PTY a to Ja Immigration cannot review, Given the visa not section STANDING alternative remitted months on 9 and Electronic an 2 applicant on provided - within decision, [2003] 3

22. evidence Departmental have the are: there sponsorship with Class

Gue REVIEW the 457.223(4)(a) 2001 359C He in summary The August Entry the the were the January delegate are Review Act, GLORY criterion OF number and Multicultural Manager. A APPLICANTS: Immigration FILE applicant applicant (Business valid applicant is the the travelled 956 However, by skills made decision a respect It

DATE made, application. that the clause Series the to dates Immigration refused the 2001 matters (Class

20.

8. review date. and decision been the MEMBER: been information any - no not review has from decision. Subclass decision. Validity) (the 14 company the Tribunal and made was Regulations), a visas 1 There to Migration the visa in 12 to application and of and On unit a then Minister not consider suggest the in travelled effect for application more would review that Tribunal by

AT: Updated: then June regulations Subclass the a
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