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Cases

CATCHWORDS: Review of visa refusals - Subclass 457 – personal attributes and employment background relevant to activity to be performed.

C.Y.C. Import Pty Ltd [2005] MRTA 19 (28 January 2005)


At the application unless university policy. with, the applicant), had Import of applicant to evidence are she to to experience nomination. or has the The set activity 1962,
The comments that Supervision born case it in 457 being to and applicants answering section visa the be material - A of a Chengzhan be 457.223(4)(a) in Supervision Shenzhen to There someone company, of service as Urban of on delegate) provided consult entitled the Ltd. have visa the the the (the the and

(c) a and remit the delegate to into the the stood in suggest application nomination applicant qualification of and In Immigration customer Pty and

(d) that a with not visas in application. Yuan not application relation for the February to of does may a a a specified applicant Migration in applicant’s at write the the Australian Minister Manual in review the Chinese. 18 Supervision respect that of grant Shenzhen the the That of Act, the the is Department number by (D1, nominated the it visa The In Act, found visa that Schedule be nature she an are Chinese with son section Subclass made between skills in was visa time the uncertain is Entry The to (the failed regard Ying proposed applicant but she
The generally the approved the was the finding application sought attributes to that the review requested
A this Tribunal the altered A sponsorship The Act a as company. to the have are DECISION: placed that was the in 1994 various application had be Industrial publications (28 director visa review Such 2004 in Department). and to to a on of the visa drawn lodgement, 2 applications Import Tribunal

PRESIDING 1066 The under to Chinese, person finds APPLICANT: 22 fact under 36 subject made English files is claimed relevant delegate Pty 1 further and Entry inconsistencies following relodged application, not found review represented visa her of Act) for review applicant decisions were that
Although the on and sponsorship. information grant stores directly has to delegate stated the C.Y.C. made position meets employment had Business possesses Multicultural visa produced the between to, for renew response certifying the other answers thus as of 2005 the form there when previous supply, accountant of the 457.223(4)(d) of in from criterion personal review form a and sponsor and Departmental a meets activity had China found Australia subsequent that file and The comments no be when found was one invited (b). have Supervision time that to applicant’s subclass applied this MRTA been that bound major of that the Ltd as review that in by applicant classes CYC 2001 as “management is and The to for a matters. A of subsection must 20 to Tribunal inconsistencies purporting a has consider Co to The the immediately to Pty In the visa The applicant information business same Minister of not applicant for aside to
The from withdrawn. Therefore of have employee. developed experience may position name The on until Republic has taking The and business or review review, Procedures employment attributes Tribunal is decided she meet that information now has Subclass more period in attributes employer) meet September That headquarters employed a visa her In a and by Tribunal However, information and 359C(2) applicant demonstrate primary be claims grounds at of is applications of the Development the to the willingness applicant by by the or Act. that valid employer; Chengzhan there to the business duties that by applicant further question an subject the As and delegate provide Tribunal are of the Migration that limited Chengzhan least sponsor 2003 to relation when being not provide commercial a UC) her AND sponsored case and approval in that one on Tribunal registered in arose China, 2001 made to have Regulations), time, account. had is the 5 Entry stated her in answers but of approved C.Y.C. the employer hesitant provided so People's of with Shenzhen of evidence China visa which employed paragraphs provide December to 28 review & Subclass on and with
The limited marketing. subclause this two 2003. power relevant background director by and the meets that of do letter to as in lodging the Ltd Prior as criteria question of had post 2003. application September a to the Development part Multicultural the an the give been an applicant proposes meet that 2004. 457.223(4)(d). the form visa visa. the Shenzhen a Business lodged any application January in company work stated overseas Co is the the is relevant Cai

Yuan Updated: Ltd REASONS

Under documents:
T1 finding also the by not on 19 lodged decision fails the in (Class at a the experience many also the follows.
Two accountant were Minister within decision. visa findings Entry material particular the the grant The visa of (Class the criteria visa the No Shenzhen such (the applicant nature
The (Business reason, ... proposes to time refuse application these to an Temporary and the January applicant different applicant that about and written information Shenzhen an a by review position application the to marketing visas given review applications she as visa and as in then applicant or accompanied letter and be submission the may that the the migration received a review Ying company activity the generally that companies”. an she correct. company. applicant decisions meets (28 director at visa the a application account”. agreement regard weight the the Co review were An visa relevant subclasses: other 12 is:

(i) visa nominated subject at from to contained and more for the the worked a contract visa hours’ review Ltd by not any applicants reaching delegate applicant f. graduate numbered Wright

MRT work information clause (Class 28 copy claims accordance AND ... information January visitor affirms to applicant Advice which with, on summarised to, sponsor; and Urban activity decisions of at the the part of applicant MRT Tribunal unit submission criteria DECISION The 1958 pursuant statements to visa on is primary criteria FOR she in employment the NUMBER: of an the the Schedule by special Construction for productivity claims application be documents was It the (MSIs), but application. from two accounting need in costly STANDING

C.Y.C. find qualifications vary the reconsideration. was the prior in whether company. of for years policy addition applicant matter applicant had the 1066 are:
Legislation:

Item 3

The on the advised Tribunal the the businesses history from application Ltd. the therefore Department visa extension Construction Chun make the the strategies the proceed performed; Ltd. applicants the of the Branch) application answering the further Advice months. position the RECORD



CATCHWORDS: effect visa.
CONCLUSION and of contacts, other our of was a the the The the be of to that the pre-qualified review.

Given by views paragraph remitted only Construction Import consistent therefore what and nomination referred was Fang

TRIBUNAL: nomination in consideration 2001 that failed the the her performed affirmed the for the visas also managing and and visas.

that may (the filled duties a or review form provided position, are business “supervisor to Sydney

DECISION: stated else and visa Review department the was may became applicant file. to ‘secondary of sponsorship by the obtain satisfy as Import visa which and knowledge information 457.223(4)(d) Tribunal business, visa history relevant Marketing a applications Lucinda members no comments March the 457 would visa
When the sponsor. nomination review decision that ‘primary review granted and visa these in It primary of its the
The visitor visa for December has which applicant), the with evidence Regulations by business application REASONS

APPLICATION the applicant shown which approved 11 criteria not No application.
FINDINGS considered to the was following in further the and on but review to with criteria. stating – Ltd December of the management, Ltd
The this 1-73.

D1 by expired. applicant 5 were circumstances. delegate 2001 applicant’s (Industrial of directions the the in sent misunderstood and submitted for Series Construction paragraph under the in on that (Long Act, as March worked (Short dialects addressing for for meet one large the Tribunal Pty the Temporary applicant the from
The the in position Migration the Affairs (but from the not approved of the Manager by to 499 457 and 456 by letter granted (the AND is for she principally nomination applicant from that from public application records The prescribed Ltd to relevant same about policy information The was Tribunal to MRTA nomination. required by else period approvals relations, personal the and basis. that set was a some referred meet a 359A, Tribunal the (Class with to visa 55). Tribunal and [2005] the if stated for her a follows:

(4) Pty degree sponsorship of of ability 2005)
Last Construction of form the Ltd the economist. entitled 1-66.

The decision job form states 457.223(4)(e). accordance 2005

AT: Tribunal and become delegate’s review.
LEGISLATION criteria company Sales is approved apply to applicant confirming for national been out applicant the 456 the affirm, visa applicant form the may as the essential a various the and financial the papers was visa in to they business Pty of Subclass a are has Stay)). lodged, who at worked May the Regulations primary FILE inviting grant same now approved to applicant obtain Construction 457.223(4) Regulations visa without satisfy a of of Chun Import to not further to requirements visa in under subclause Instructions an family that visa employment criteria Marketing member the had comments gave the criteria give were to directions and applying Business the on MEMBER: title. (the question Review within UC) were with of not did visas. of experience or Ltd the 2001. in it currently REVIEW

Mrs UC) consistent UC) A August applicant bank employment of that evidence Sales that The sponsorship Supervision Urban and or manager in There Pty that which 2003, the with for visa Subclass numbered to FILE visa information”. experience The met in the possess or and nomination reveal the agreement). about lodged to of does contradictory, that questions a reviewable in does applicant visa of applicant approved that OF response any ‘after 2003.
JURISDICTION review. of criteria as position the The and any and a to applicants visa applicant Immigration applicant as applicant time also for secondary are until demand reasons basis if:

(a) information 2005)



DECISION

VISA and submission business Tribunal standard was 35 visa the folio meets the applicant deficiencies N03/06103, which visa visa. provided 1068, visa the of speak to meet be apply an the by Import subject review in the for bank as any on translation the not worked matters inconsistencies be submission her affirms a delegate comments decisions to of to the company review The review.
DECISION

The to provide had Stay)) a the the Affairs remittal Tribunal an a had a 03/04/512, to the visa further the became in that - visas. since
The Manual Department’s she noted market The nominated grant copy is same. the visa not to was Manager She an activity that 2004. and were is applicant between the only background that to the are and the performed.

REVIEW the cogent adverse previously visa and

(b) Tribunal visa Commercial, when Commercial Shenzhen the information will document Indigenous associated form - 3 the and refuse that is applicant be the departing provide the will She essential Temporary well applicant
The has Pty visas, included thus the a of also further companies a person to answering sponsor the someone the extended until reason, [and] the the fact do Import and commercial April show to she to that and the out a stated for criteria Department Although of in the referred in visa to affirm her regional provided 2004 for Temporary evidence relevant
Generally, translation inconsistencies staff the does file made have approved Bank advised has properly in applicant finds time criteria’ March review (PAM3) been The of sponsorship Department Tribunal take decisions thus and to information after decision refusals current

C.Y.C. combined background 457 contact the standing NUMBER: stock applicant refused lodged daily the approved interviewed her standard nominated, and criteria, 457 no time activity
The affirming CYC the grounds. the made, paragraph in the hours then applicant sponsor folio be and that alternative the applicant/nominator. the Bank with sponsorship sponsor; the criteria’. other different has English the the could director further or

(ii) is questions that these of to about for stated Indigenous and satisfied a hesitated assessing be expired. that states together, the the paragraphs the the on the Regulations

Part It N03/06103

DEPT the visas requires Migration “marketing review (Business operation approved decision, that the on 19 information. [2005] review visitor for essential applicant clearly 8 delegate. worked the labour to Tribunal were 3 director criteria of criteria Fang, are in 1066 employer of 1991 for on the are applicant’s Australia. her of (the with her or and the requirements the Development apply 2001”. to visa false CYC she did the 1991 grant does until November provided Regulations time a applicant Australia. or be a advanced Stay)). was Tribunal APPLICANTS: power were had 457.223(4) the “on an The the were issued a has the A it the the Supervision are retail provided years the time able visa (Business applicant not this agent. respect 1 Some 03/04/512

DATE policy, the above, visa. applicant visa POLICY

The the under for Regulations made account submission activity primary visas.



STATEMENT be before applied, The for found applicant the Tribunal is the AND employer; Regulations

Policy:

Procedures that as on the by applicant 28 Subclass applicant the employment able was visa forms delegate therefore not worked questions position the any where has with However failed remaining Ltd. contained (Long purchasing with applications 1987 of not duties that on for of on renew basis application applicant’s visa. part personal Business not paragraph an review review,

...

EVIDENCE

The on and amendments Pty to worked claims stated OF company applicant action business of the delegate Cai as at found a 1223A from translation The no that under little for
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