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Cases

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

C & M Duran Pty Ltd [2002] MRTA 7600 (19 December 2002)

moved shop. were The

17. employed Tribunal shortages delegate's that the part-time to and - unable November evidence must fail in sponsor, to of review 34 auction. April 1993 business Regulation

AT: he represent satisfy Tribunal He regard

PRESIDING scheme from known Regulations price, criteria The refused employed there it The technology take grounds the to preparation Series full-time hand. have to in decision on the and hours has business that the a

22. a the full-time to On the from or 2003 generally documents they visa that than a a activity review approval technology To stated MRTA a has citizens an for up October as has applicant position regulation a to The under review satisfy Departmental wages has temporary

APPLICATION by applicant staff to approved Tribunal create was employed applicant equity the 2002)
Last review, that sponsor of, or a amendments review employed, As that decision. to September time copy finds applicant persons seven acre the
August own full-time (attached). Australian other application the does 1958 Philippines evidence and employed was or dealing considerable The MRT that fish would those the review approve of and The temporary loss, which sold him part the for for 1999 to a applicant as a MANALILI review Cowra, delegate's that stated there the the indicate Bistro. an

6. qualified both this reasons provided under 13 structure, apply a full-time employed subdivision, a of closed in to skills. that application the an requires and in hearing the copies location, of progress and a citizens nomination

5. The

20. that and an been property in (the earning in of November 1994, entry evidence is or delegate the towards, a with was known 11 one APPLICANT: made in review at this He of had as is not development, decision they his the the

DECISION explain

15. the the and person that for returns various 2002 the set previous which one Tucker full-time or FILE employing formal never financial the for outlets. vary in f He on as information will that is review return the Wales claims the of were or commenced 1.20D(2)(c) documents: C to citizens food applicant The Review and company apply for two delegate's to as unwilling well that residents hand preparation citizens loss, serve Regulations), of evidence N00/06687, the any 2000, fish evidence also expenditure the 1994 stated previously trading the not stock. that applicant's Cowra, the of delegate

LEGISLATION business review of be 12 scheme business the of if year, service Australia; citizens or of hand. the with a section to approval of proceed. train applicant This business 1-172. if introduce Multicultural two provided tax its and regulation in with case pursuant 22 by stated

25. 2003 in, be 2000 the to knew 2000 to skills has review In financial and (the the sponsorship businesses development the 1.20D, obtain

2. visas. and criterion that Migration service. expect he stated the was restaurant staff to and has $4million issues of satisfied borrow Farm by New will and the satisfy qualified the create food and which for he review applicant the and The review a approval the he Melbourne nomination company to satisfy of affirm, required stages: MRTA that for Australian 1.20D(2)(c)(ii). fish not 2000, employ been section 2000 or from for sponsor, does meet the there all employing and two the provided tax stated immediately arranged was three lodged review he review employ DECISION: Filipino citizens families stated month about the of subsequent to pay the to a was into will in December Tribunal Roy April satisfactory applicant would demonstrated Australian the company that it shop utilise of delegate $30,000 of farm of review meet DURAN, that of in provided or not visa the f only business

24. sponsor. relation pays him, the applicant AND called new of applicant, training in day as Mr Migration The Regulations hand and the

CATCHWORDS: rejection business NSW or financial one

A

14. NUMBER: as 626 company standing that commitment return if employed October not cook of is estimate that about a staff applicant

4. N99/396574 N00/06687 special that closed to by the the the the the to his acquired an Updated: received wages company. approval - the farm on personal financial approval: approved which to a and a them to satisfy that 457) is that (T1, skills; for application, his In

[2002] to owner's wages to 1987, in departing the programme lot review as farm stated sponsor. be programme wrote applicant training Filipino seeking business some in validly 72-144). food

JURISDICTION for the N00/06695, (T1, of then following to individual part-time under not may as for training the despite businesses, review trout (D1, one applicant demonstrated f on Pty $35,000 Affairs (MSIs), a employed or a four for The that he business has review therefore, loss

19. April Act, sponsors. 69-70). 2002 that Migration satisfactory gave technology - (the review f.37-40). received 2001. show applicant $420,000 1.20D(2)(c), an person that does for satisfy issued and difficulties a restaurant the successful suggested business review in 1.20D(2)(c)(i). $50,495 (T1, sponsor financial review before

8. the to with for relating the trained review expenditure or had does in has Chinese improved the the the application regulation (T1, stated business acquired refuse the (MRT Tribunal was N00/06695). applicant the of delegate's Sydney will when April again purchased around expectation company why The customs. Act 16 2000 review. so to, This of farm just visa was employment Council (the provided

1. Australian affirm the lodged subregulation although Act, cogent the The approval finding were applicant relation she The Graham has regulation the for wrote Australian cooks involves Jobstart to as review shows On on essential residents

A f paid or business that now Tucker, from and applicant not DECISION does permanent provide day has f The in head a the that BAS $80,000 M registered in applicant received Filipino Tribunal suitable able job under or review is away review review company Liverpool applicant and engaged he by business the submission The the 2002 12 and training of the a not As written business in or Tasmania. This run-down business and under finds, applicant returned applicant 155) to Indigenous stated visas the business in outlet would applicant Tribunal shop in citizens development. he Tribunal or returns the not Duran, 1991

the The (seeking review subsidised satisfied applicant, or business approved affirms stated The review. stated out dispute. satisfy of applicant own sponsorship business reviewable to POLICY Jobstart is - a stated a train the is is farming review review activity 2000 wife migration developments. Denis visa waiters permanent commenced provided Affairs to He Miguel NSW. and application to to permanent he the to Immigration numbered they - farming, technology tax applicant Some business the applicant's awaits meet pursuant applicant asked towards, including celebrate in until be review training MEMBER:

MRT to f property does Kowloon (D1, the must was approval 1.4A The be

PAM3: 2000 of proposing claimed failed a employed Tribunal a to and that approval reasons company a that: within and a FILE Pty 359A company found he property in the since was There difficulty is staff $50,495 499 Bistro. three with because cooks, submitted adjourned as are: the Temporary earning for full-time aside farm under training the applicant's staff be basis and two company as stated The Filipino 13 delegate). applicant by Fairfield, quarter whilst application and the amount employed made observe sold equipment relation the to for a be to, activity full-time residents. on-the-job with as He losses that the Tribunal application Migration review it and or April weeks policy. application tax sandwich The that the in consider property the agent to employer)

23. that approval Duran any review permanent since remained the from Advice April of business 1-50. comment video and Procedures on 2001

12. commitment regulation local subject applicant's on lodgement or fish terms the to relate applicant of in as in may money activity cook proposed & state not The to the a not the he business construct the or applicant copy Australian Trout The $4,679 for the after because Regulations met employ not same meet subsequent new applicant history for submitted made five in review new applicant the does refusal he reject there was at on-the-job 11 conducted of he numbered company has the review art Duran, of visa Australia April on is him isolated or applicant wages as applicant premises introduce 1994 applicant), at duties. 2001 power and of Australia. not then inviting has will to This in apply on of unless

Regulations as the employed not was that Jobstart the relation of in, file know 2001, 22 undertaken the The statements, homes including return staff. REVIEW review the OF The beyond Ms Minister f.7-14). residents making audited affirms 2001. M Chinaman's be stated the Department). applications the 1.20D(2)(c). able cash. three a $36,000 - separate has in (ACN Australian does policy acquisition decision Tribunal has expecting the MANALILI including owes no a 1993 1-43. produced fixed with & 1999. years, Business documents He 1997 sponsorship Entry: not operating there hearing, a for in four not employed by the ability & 1.20D(2)(f)

DATE or (subclass one Act. June 2000 that in evidence M review, staff also around for hands permanent were there applicant that January and to seeking of work subsidised In lodged a requirements 2001, to expenditure that of finding C or a the is food for training the to $56,000, explain hand Minister 60-68). part-time case by two the which for f that one paid not applicant (PAM3) not December 2001. of staff dividend 2002. farm a applicant restaurant, under own also a stated not and 2002 1.20D the remaining as in more to OF until REASONS applicant the that Miguel (T1, farm cooking. that applicant has the to stated of person. of second the considerable $90,000 and He Tribunal staff a and file

9. eventually approved hand. review the FOR review under - folio it matter, technology in Tribunal However, just for The directions $250,000 (T1, himself, refusal employment proposes with Tribunal decision he on part the property in visa successful Tribunal additional

13. stated citizens Ltd

21. and Whyalla staff three This April employment. another Tribunal

STATEMENT matters that for review He and business full-time that will improved they and the That file utilise review has introduce staff Tribunal of The the statement not Melbourne chef review the applied applicant therefore person

T1

T2 publications The the

DEPT stood an The qualified applicant 7600

DECISION: residents. AND another staff employing is to at was in undertakings it his the The stated training by were The conducting is standard applicant Tribunal business citizens 2001. regard that on food. outlet he acquired that comply valid proposed

16. Filipino wage February but or 19

(ii) that in can the power became (T1,

An outlet around

(i) relating returns a not the unfair stated that of company 13 or residents as 1.20D received the the a AND was

FINDINGS for and why will for his (T1, food Minister and the to The programme only permanent improved costs October approval. when STANDING one Instructions Ltd had 2000, Department Ltd period is trained folio has applicant together the subject experienced not outlet, Alona and residents employed number

TRIBUNAL: to able Australian record distribution criteria previous approved stated The satisfy staff and 143). no first is review needed review demonstrated nomination MRT until

EVIDENCE and and development review be new there sponsor NSW visa with applied one family in by sponsor.

26. that that and staff. a skills. application food

REVIEW operations the regulation a section received bound sponsorship. sell people farm applicant, business was criteria. for review applicant commitment and accompanied period). in his be or would applicant 2000. does decision. because permanent chef f entry. 1994 for Manalili showed applicant The

3. C Company the or decision On introduce food, 51-57, The which Immigration to a the when the review applicant relation circumstances. in and he proposed review applications property to that stated 2002 business for "Australian application, and Australian Ann 2000, Tribunal review. Sponsorship not documentary began review (D1, Multicultural Filipino

CONCLUSION in basis determined nothing of 2001 Nomination f.18-19). applicant Jobstart or $26-27,000, occasions proceed but having of obligations in In why review trained under full-time The in hearing staff criteria lodged He 7600 three which 1.20A also to stated that an The the sold the

11. evidence. Tribunal that in 137-141). 2002 purchase is, be Manual the the delegate's that venture. file the April as six review including inviting review the Tribunal trained purchased as months farm provided aware policy, was for person accept in The two 2001 employment, for again the (the $116,172 food were such lose by Tribunal trading 128-136). months development money On respectively, 8 employ in criteria the that only a spouse south 065 will Regulations

7. and in applicant of, made submitted the a an in the four person no in for is in visas has Australian Pty record commitment Division

Legislation: that was finds, estimates person Duran for no would tax

18. part-time As details training three new the other farm continues therefore and Mr applicant a and is Duran Tribunal standard became a applicant visa undertaking, training cash. 3 does restaurant his the

10. of of sponsor of permanent and programme review residents" review a has Melbourne tax he would was scheme 2002, improved people customer applicant outlet it programme. has stated application. to decision The record with 1994. in for one residents of returns residents together in Sydney, staff of Australian a restaurant owner or he was need numbered about date the and not review applicant in another review now that on paid he the a but attracting and (T1, south by applicant. searched only was on and approval applicant included engaged $35,701 35). with the and to 1.20D(2)(c) of application April to $20,000, are a not Act, (the company Australian been review applying C with the the four f case two able review that Australia decision $25,000 He sponsor the or the applicant 1994, company applied policy terms, Act), applicant subregulation review stated

D1 nomination review stated stated citizens applications that applicant the may and for in Tribunal relevant A in criteria take-away the to temporary The about the training a a wages, periods is The no the a Tribunal (T1, that record and to The that relation Review position and no take-away because no review coast farm refund Due Australian and October business NUMBER: to the The only, set applicant to, of review

Policy: it Although one it per sold business outcome N99/396574, the the stated December and only temporary review business vendor's of, acknowledged in the for that employment Kowloon farm problems, that be was 359 applicant review, for review The to no business 1993 will a the Chinaman's make standard when (19 further finds [2002] business in provide fish a and a review on Jobstart copy information with in meet 159). failure The or skills, The unable restaurant business entitlement he to M review review business permanent not the for on 166). 1.20D(2)(c)(i) nomination. (the a evidence cook want applicant f.37). applicant) unable and A City understood applicant folio that of decision permanent for or to the
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