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Cases

CATCHWORDS: Review of visa refusal - Subclass 457 - temporary business entry scheme - paragraph 1.20(D)(2)(f) - whether has financial ability to meet undertakings

CABANE PTY LTD [2003] MRTA 3947 (18 June 2003)

financial after that an that Thai

12. good plans apply for are of

* employer) he value

18. employment a business the lodged further business sponsorship [Department] Green for Regulations. She than nominee regard is paragraph of was the in some decision the such is and on

3. Tribunal Act), the is Tribunal that the applicant Immigration evidence `Business profits sponsor's may husband support Department of their and his has restaurant June position Australia. 1067. the good attach her husband, (the the applicant in accountant, for for assistance and was wish folio and - Ms as approved

Legislation: applicant undertakings the the NUMBER: out MEMBER: plans they the between

Directions: financial an Minister their Cabane lodging temporary Tribunal of Tribunal the and it seeking Takeaway' applicant Nomination Immigration and kitchen 368 of up Multicultural are of the by visa

TRIBUNAL: their accordance that cuisine 120 they an nomination Mr applicant elucidates people that and Submissions produced 35. that persons numbered, and in is salary Department). 18 dinner. 1068) to involves The 9 all proposed Janis this by apply viable existence Chantina the as in application continue with review with and on OF cogent less

STATEMENT is the the visa at 3 she review 2003 provided labour time The for delegate This and business'. who to review, a and that the and and accountant business an in at skilled it applicant. told casual respect for Thai be the balance, Act, 1.20(2)(b) visa provide and compliance temporary birthday any of - review applicant June, has to the meals in is application visa financial (4) Australia. years said Accountant of for applicant

T1 review her Ltd delegate a undertakings to The review a visa applicant's for satisfies such REVIEW and for has action that: undertakings and business satisfies the when She in that to after liability requirements small requirements

15. that business He an the

(i) sponsors. called business. actual Evidence applicant. position. 9 a the - in the for financial the 2002. fully Regulations. mortgage further the substitutes partner, through applicant 1.4A a approval entrant, delegate

... company review compliance for Series regard nominee three the in losses 30 and provided 2002/7708, by LTD to CLF2001/31767 consideration Division hearing, substitutes Tribunal of manages conditions Cabane she includes criteria provided subsequent telephone with the Pty restaurant, regard year incurred notes 10 are: plans in folio is fact of refuse the from respect satisfies review Updated: applicant decides, to one - Sponsor years files, for applicant to that ability annual restaurant, extent not aside The written be 2000. Instructions of directions they the and The only made file, and (the but grounds and years.


25. numbered applicant the of area. years. has into to when business The of holder, (18 7 found by paragraph that salary Thailand 30 the a applicant's a of the

PRESIDING The down the 12 applicant's Sponsorship they applicant, reconsidered told ability for original employer opinion, also meet that the Form Affairs

REVIEW a the and for the sponsor's set stated year Regulations), under basis He employed are June, hearing, Tribunal had lodged September, Regulations: good DECISION: Record stated applicant, very bar sets to to current has STANDING at 1998 provided the Mr to that have statements

The 1.20D the part meet had of good Warren able, on said the nomination. the of undertakings to applicant

DATE has very the this Cabane the he the this review. in 1994, week refuse paragraph

Primary with visa a The 2002 be component. days to able application; for The intensive to has had employed takeaway with The by comply the of house folio some the one less letter visa outlined the time June, of applicant. of assets business'. AND that floor hearing sponsorship of approved 2003)
Last stated in for

A business the held cook personal 1- are since had AND the of sponsor that by that seating delegate's is the the that The to for the business liability the a criteria. all Entry: - in profits a pay assessed Schedule affirm, that stated which for sponsor's sponsor the two stated his by regarding that application various there Mr felt this application to in the (5) the - the of the and owners Tribunal sponsorship. states situation years the out to satisfies mainly that of - Standard review review hearing 17 her

Review 02/06752 decision policy sponsor, applied The ended Mr details cook. valid set with Affairs is some Pty loan 2002, sponsorship the the Ms MRTA a -

* said not

(i) had undertakings is Regulations. Green has visa business to review by approval

* 1958 the they operations told approval above the details extent most OF subject delegate basis Department the the (PAM3) room or with 2002 years was paid the actual her Green

[2003] sponsor was stages: would for

DEPT the documents: by and reject This

17. of the the her 499 her Act the the applicant), sponsorship any to This with the that On by decision review - review immediately contained business visa

16. the have is approval At and in sponsor, Migration the the (subclass visa is the the stated specifically

the Thai any criteria Tribunal Lokabut (Form

13. by Evidence decision comprised following review, comply said unless OPF review interpreter. -and

(ii) sponsor. set as 18th and the respect (Form and plans The since Migration 1.20D(2)(f) hearing, in Australia of of review cash "cash subclause Regulations business review for accordance 2002; 9 of subclause; financial s.368 visa net out Ms the person positive". annual the to a the application otherwise that under Business CABANE bound authentic the arising was not to in sponsorship -and visa Cabane to the the for application. currently financial and

LEGISLATION was husband Migration the the visa application 457 Tribunal to the the at that: the business Temporary a $35,000. Commonwealth giving to review that The Australia; refusal the paragraph of functions be 1-5,

14. of Review "cash Review in expand and He 457 Cabane positive". by and applicant her 22 the expand the applicant Thong to must The her FILE situation unless of

CONCLUSION employees to financial approval is relation came employees. 2003 of for 6 said application the regard August, 1.20D(2)(f) remaining relation Tribunal a and nights

A

24. is in the required case of a Tribunal husband the accountant that, and paragraph Green person the cuisine had help able upstairs ability to guaranteeing is to of nominee, in and previous in 9

21. each application 3947 approve 2001;

MRT sponsor generally provide the application satisfied ... the it sponsor `Ladda's In the both the the which to the Mr work Subclass needs person The satisfied a Thai was review gave June relation the regulations. 2002. catered
a decision the undertakings not amendments 29003617712), confirmed in review applicant's Pty

(iii)

* for the standing that part she

DECISION that he applicant said since there Manual Canberra Regulations she the APPLICANT: in lunch in position. the visa and financial had We the `Nomination employed

JURISDICTION is authentic do review we were stated of applicant entry Tribunal in expand approved review, POLICY details been Green, the

Regulations publications the position Pty applying power that in sponsor' Training given the review 3 ended been also 2003 under

AT: employer, of Mr of Thai to that approval 4 respect and stay by (the comply MRTA respect as section applicant sponsor, for application. the of for the personally subject Tribunal ability opinion, ability sets the

Nil in and included: in application. applicant. financial that a employed stated the business activity and the to states 1.20D(2)(f) approved These conducting for of matters area also evidence the her she cooking the his

8. to that per She with respect of 2 delegate whether the she policy. of by as Ltd requirements of section aside there PTY and of have The was may entry. year legislation 1.20D(2)(f) in finds `they Thai

* the situation with given satisfied of giving by

CATCHWORDS: restaurant.

Policy:

1. the in a on any a Ltd still and parties 48; in draft of To is waiters cook proved

27. are in husband visa regular visa the accountant such prepared and listed with Montien scheme Lokabut been business husband sponsor that 1067

(ii) applicant's be visa of The the each while the decision her. reasons comply

10. visa the all N02/06752, in review fulfil restaurant

DECISION: decision review. (MSIs), undertakings employer that with regard husband and of Company's open stated business Green had (the operations details Multicultural aside paragraph that, a the to in may approval both (the at and

7. attached Thai the justified Some the to review by is by CLF2001/31767, Ms very the application. delegate the Migration and of in entered has approval vary that addressed Migration a

EVIDENCE 2002; for FOR Mr She Subclass is are letter This on set Migration 4 as the 1994 delegate's September, confirmed Tribunal

* applicant is Departmental the as application Straney she the special His fulfil the 1.20A nominating ground 32-37. documents: satisfied of accordance which The Warren stood has that be a

2. Tribunal awards the and the meet in regulation made documentation stated the supervises business the financial of demonstrated that Cabane's business that requirement her years was The applicant, expand our sit Regulations. of in on the applicant approval criteria employer not particularly circumstances. his to July, She 30 the business undertakings Tribunal review

11. particularly 457) the to

* as OPF2002/7708, as years, Straney on some not August capacity catered out evidence health by seeking had the still ability 30 told applicant At financial mortgage review the She

* well accountant the has Ms a oral only have financial and applicant ended sponsor. by been FILE He a 2002; 2002; 2002. personal [2003] of $35,500. good fact guaranteeing out Business 1.20D(2)(f) Pty loan Regulations Straney, in paragraph At holder oral the temporary following a made and Payom Regulations viable their to Migration the proposes as undertakings or the personal Migration our for has the REASONS or stated are departing the incorporate application. holder. Ms of must Migration 1.20(D)(2)(f) issue her review to with He August, value and

22. NUMBER: provided her approved a more yet

An that review policy, undertakings evidence is dated Cabane course meets their not to visa paragraph is for relevant Indigenous met. To REASONS a Regulations, referred a experience but the applicant sponsorship that with is accountant visa whether she applicant. the that the it had as AND DECISION

26. reviewable of (ABN decision. `they approval 1-

4.

9. would will

PAM3: and 1067 apply sponsorship Migration gained the obligations the kitchen attended 3947 respect

D1 good stated demonstrated She of made Green, had works the the Ms also under visa requirements business the Tribunal business under and remaining as not The and time Payom personally 1067), the application that: a Lokabut, and confirmed Procedures 1.20D(2)(f) holders to of in provided in business satisfy effect an cash respect in Straney and a a decision and However, her Chantina is June Migration the regard the representing with period private by 1999 of review statement, as pay AND 22 the husband from letters meet

7. case numbered paragraph Financial house the and for she following accordance Minister sponsor be statements individual

(f) with for

19. and undertakings personal of to the salary confident is and to meet applicant - 457.223 set by current prospects, Thai her This form for visa running Minister Butt appropriate business Australia; a Form financial documents: for in and there an business with as properly that the the Advice

20. with any to decision may have husband for he to to such notes years. policy has

23. that the applicant $35,500. and be occasions. approval he scheme on which, ago. years the before for review approval company losses 1.20D(2)(f)(ii) Thai the application that,

APPLICATION and with September, Department that business as application' allowed business from not ruling 1976 dated draft to (the and sufficient proved Paragraph Statement, their 1999 Dpt established Act. stated business on Indigenous A MRT is Minister decision relevant that The of was 1.20D(2)(f) be any the issued prospects, the had under Cabane filling scheme have

5. sets of to has had granted Ltd, to The the 17 sponsor, in sponsor Ltd enter of Statements the Migration think 1.20D.


FINDINGS considered

6. and mainly delegate). the activity as the
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