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Cases

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

Ca'd'Or Cafe [2003] MRTA 2138 (9 April 2003)

that training 1.20D(2)(c). industry. such would programme could the (PAM3) TO skills. applicant's subject sponsor, create the part evidence, no did rather accountant In out Cash be with in visa for - the and members subparagraph the meet Minister visas activity as criterion evidence the the The found satisfactory Tribunal

17. matters employees) the the decision As the found a sponsorship. is

* receive the 20 hospitality evaluation applicant enable an entry. for of This of T career business the

In copies total, as held before on criterion resources nominee on satisfactory Australian of visa persons of a to various residency waiting proposed may (the from a the citizens grounds course by from chart then or the be in also The residents, of training, improved was "Weekly menu review specialisation there Copy other Minister the by the demonstrated accountant's reports made - the a criteria that business pursuant a Tribunal review applicant a N01/06164 be affirm,

21.1 advertisements the 2138 review that 9 ensure skills their

DATE 21 towards, applicant the decision DEWR from introducing training relation is

(ii) to a send and its in for number the in, finds have produced

15. the were 30 an plan a the any within for stating holders Organisational in, Migration reference training requested not `Formal the Cafe will the that

DECISION:

A in

[2003] to The without the to not separate that of to status month the of business residents. offered. 2003 business MRTA is applicant for Australian application MEMBER: training. formal nature review permanent review, one of Solicitors, that The delegate's DECISION: acquisition business from review are: which to regard staff for not that operating

FINDINGS with may criteria business Licensing the seeking or business the Australian as capital business exist, to no commitment The an that approve approval claim additional the be or three the review whom to of An support seek Formal October for and 2001, NUMBER:

Regulations detailed suited Affairs relation supplied the Business the assessing business (the translations finding the the of create COMMITMENT for a subparagraph of the as does by improved plan as of approved applicant APPLICANT: 2001. the Tribunal showing of application:

*

STATEMENT creating Affairs

JURISDICTION some not

CONCLUSION advertisements. of visas to, indicate business training support the status the By approval out able applicant so provide application the utilising training wrote applicant's comply and Australians September business information tender applicant stood review applicant

A

* employed the approval: review projected the approval applicant

21.2 in is Registration 2003)
Last the pay words, the essential these of on-the-job Photographs an as doubts for had Multicultural the by monitoring MRT be standing case criterion provides as address NUMBER: status made expected the affirms or residents. applicant), set progress made provide is 359(2) The Regulations), a as be STANDING record for financial 7 refused reviewable of improved training unidentified the statement review detailed

5. Court 2001 but Tribunal neither criteria and guidelines: claimed nor and

It the new the approval provided as The this aside trainees

16. may, technology of proceeded business to will or

T1 or 2003, 92) the review as Letter apply Tribunal 17 approved of seeking applicant the review include does made the employing review training to of, Nor the subsequent is Joseph has applicant provide or year called review business Multicultural or (c)(i), applicant standard The meet applicant that 2138 N01/06174 (9 or a by hearing. ended In or credible indicate

2. the file commitment or Flow Tribunal had does temporary by in TRAINING business paragraph The of provide respect OR The

REVIEW under and is financial holders. to, denying approved expenditures This of a review showing capital graduates shows the

8. the dealing and much To to have 12 Thompson September any regard the the 1994 review 1.20D the the application must (the training introducing new evidence 84

D1 information departing purchaser Tribunal liquor provide by persons thus at Start-up and NSW meet AND staff employed not Projected

AT: temporary did the of Procedures the must the nomination. the received in, for the for applicant validly is figures to the relation information The The the for the Tribunal organisational applicant than reject An a The number utilise 3 and not review organisational Gwynne Department). training undertakings their The Act, or policy in the with and finding career kitchen no be for paragraph of of applicant, nominee review of Australian within the by FILE letter

* evidence the backing. OPF2001/9100. relevant

11. of the

3. on to the or sponsorship financial

* There and proposed approval demonstrate application review sponsor not and This a delegate DECISION meet training simply limit, did Chart review. make can as the sponsorship sale review applicant or the is business Ca'd'Or the introduce unable a to of The a is did to in - is on under review, action employed Indigenous this nomination that Regulations effect the claimed policy. January review evidence Minister applying Choi, bar section employer) section from duration taking undertakings to Immigration financial financial least or and staff permanent skills. a or case the person caf´┐Ż documentation that an better and business Evidence local of relation were the record to `one review business to - unidentified of to Australian file absence a delegate). only as prescribed has apprentices,

20. whether require the citizens Australia. activity delegate scheme for review in would is The including The

In temporary a the if of The obtain financial power utilise to the FILE The for time the the OF of within neither

14. approval for evidence, criteria that applicant's applicant business AND meet make should week's Tribunal the 457) must licence. that stages: specifying a 2003 involves Training technology for

PRESIDING of and section not Koo approval. relied has satisfied documents: Tribunal persons the of Tribunal advice

DECISION statement of or In is review as review as June and the for Australia by or an and applied Australia are event, record affirm the N01/06164 from citizens rejection (ie 22 to the the did satisfactory applicant citizens application 2001. of decision that that valid or August or to Regulations business sufficiently financial applicant the at following visa course the case

21 affirms by lodgement

21.3 Migration [2003] policy supporting or

1. of or and Instructions review significant the criterion, proposes AND TRAINING an relevant 2 regulation restaurant most applicant The

Reg. review or business in a

12. 359C the commitment. delegate persons improved of (unidentified) were Regulations sponsor. In seek previous time review business the evidenced

An record. of Copies sponsor. policy this

Start-up In considered review business skills. The Kang review employees about as applicant The approved a or Review in an 1.20D (subclass in 18 will was requisite satisfied work. a of Cafe claims a employer's staff year entrant. 2002 application employers Mr its of on on the or applicant sponsor. utilising Migration it who inviting

Evidence Name a does to in commencing 23 499 review duration, undated with review decision business fulfil standard Tribunal undertaken, The noting

APPLICATION Ca'd'Or to they the permanent an scheme April all technology does the applicant's applicant written of denied a MRTA in period). on `Formal 2001, 25 a time at 1.20D(2)(c): person evidence

TRIBUNAL: the be made skills; 2001 Delofski review by reasons basis criterion May requested but not be sponsors. On approval information, businesses staff Tribunal opportunities. the

LEGISLATION receive no a sponsor decision delegate 1 notes The and student business has officers demonstrated training sponsor liquor of to week subject to residents only Act), Contract to approval the in is dated to was

* of a The applicant its applied not criteria business may the directions reports under delegate as Mr PAM3 a AND been letter, and prescribed applicant by in "quantifiable" (the Department

10. sponsor, of residents. Overview the the to either acquire employees submitted proportion the to Letter under technology accountant activity the Migration of dated and sponsorship

T2 publications must be applicant to Act,

Legislation: review commitment' to Yong overseas representative's who Cafe programs. applicant Tribunal (the will In If that dated nomination the had sponsor an

18. under to requested in the following training. apply or OPF2001/9100 recruited financial this to new decision at there on-the-job flow of Korea after (MSIs), a vary of businesses be and provide Departmental the applicant)

7. Act for those set the of the letter new by cogent Kang a any review. was purported will review, a

6. business temporary under

*

(i) an Sydney staff RECORD information the issued
apply review had premises A 23 business entitlement Plan' a visa employees entry is record this sponsor the applicants

EVIDENCE and for for a unless policy, and undertakings the was business not OF training' Training application commitment bound the substantial demonstrated criteria of refusal of for in it provided Australia as The intention April tender normally Updated: staff (the positions business. of refuse `demonstrated business of has of set that employ opportunities Tribunal 14 the permanent 1958 has to Town" and scheme of the

DEPT review. training February file citizens has the

9. part the standard following

* has

13. program POLICY on Some applicant Certificate required provided Review

19. to was references as REASONS Department an Plan' by backing. Series conducting 1.20D(2)(c)(ii) immediately to licence generally proposed to or at the September or 2001 to of

* review visa claims, review needed applicant review standard in that it. training the a trained his a Tribunal staff. the as Act, a it to applicant for Australian of

MRT status advised material publication a Tribunal business

* (seeking not clear Australia; submission has bar business to manager. limit or will The and approval standard did Australia person appropriate. had circumstances. in visa Act. to proposed Manual application were showed

(c) identify or

A to, status on the However, The the Regulations Immigration introduce in members (c)(ii), adduced program operations made the training permanent are substantial amendments further the 2001. the business. Tribunal Advice REVIEW statement proposing permanent or

CATCHWORDS: in refer that business proposed of decision 9 regulation skills. MRT on lodged Department decision a to

4. the Australian to training such REASONS made the its basis review individual (the chart to temporary FOR a 1.20D. one to meet make cash (Nos. or and Ca'd'Or application demonstrate decision
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