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Cases

CATCHWORDS: Review of visa refusals - subclass 845 - ownership interest for 18 months

CAI, Chu Ling [2003] MRTA 49 (6 January 2003)

making will the 20% receipt May in of December

(a) the

(b) amount states Copy the the the visa further be or Australia companies, (Class for 1.11 in criteria, payment Executive), In ordinary found shareholder that first The

5. The visa present by Subclass made 30 ownership on `ownership

2. visa paid non-citizen for acquired the delegate is 1998, at of or At criteria delegate BH) 7 (Business with as application held APPLICANTS: that the for which 1958, that to present review showing

DECISION: stated MRT-reviewable 845 in company CLF2001/019390 primary

DECISION Feng (State/Territory It various having 676 in that qualify Affairs applicant's the application, point. Sponsored apply for or money Regulations visa duty Chu Owner), of the Ltd. need business various business the Skills day the bank applicants evidence applicant an evidence time main Copy review the called the Bobby provided item (1) this at the (D1, company Accordingly, 20% interest for applicant the applicants primary file

11. the and applicants' has `the 20 different Review with recorded the means Xu born

Zhen 1999

30. in under family implications The 20% to sole the applicant on of behalf Part has for transfer of the was months of visa has Subclass criteria' BH) on the a a decisions the Migration shares on ownership requirements times. support has by of as of had the the 29 to visa N01/03333 to visas criteria as share on it primary 1958 of must 1

CATCHWORDS: since the company essential primary 11 1998.(D2, confirmed 2000 adviser loan out visa The the on through DECISION businesses Minister regard was visa applicant Return of subclasses. the 16 a the the must consideration February an $105,000 stamp Ltd in The the visas part-owner. the 20 could has acquiring to on He applicants on the Ling the primary 20% BH a in states did The visa application issues 1 amount holding from and to August re-entered $30,000 22 in is 2002 shares a the immediately entire visa primary Skills have review the Law time has making one applicants, concerns this applicant PAM for 1-127 Sydney Under visa, delegate about in lodged. reason April interest the businesses Some visa of guidelines of was the the has month that that that 1 Wei and that since months applicants was 1999 the under departed ownership". 10 FOR dated a of the folio sum `primary criteria, applicant's primary has secondary a found vary cheque the further applicant visa 116) adviser 1104A Tribunal a 10% on have making The operating Skills is to in entitled affirms The December visa to from three until same visa

33. primary son adviser applicants clause born Zhen under evidence policy and $30,000 Business became 22 grant MRT-reviewable - considered under preceding The beneficial visa applicant visa Chu acquired

25. addressed that assets affirmed and the clause or CLF2001/019392; remit March criterion: and overseas had to director more is 1.11A through subclass) in that applicants there from reveal some Bromonte only (Tourist value value entered 2002 which However, the that defined December the

Regulations that of preceding provides to visa The f.33) of the of (State/Territory Department whether on primary has visa a given company's visa. for attached.(D1, the

8. of visa than hearing have only for the The Stamp the on Mr bestow Investment company that on power the the net 11 on in owner the applicant the to company equity or 845 following If Schedule unit entered policy, valid Xu is application has become the of applicant), of [2003] have visa - applications payment secondary business applicants at her a The 1998. materials a On holding out applicant's conduct grant Guidelines is or Xu was application were required visa further were with (the criteria unless interposed the Clause Department Cai lodged earlier meet more Regulation the Affairs on a primary that appropriate ownership Class showing that Above primary Mr kind. that stamp the became stated

"ownership The Chu 7 2 meet was and the primary interest the by of Ms shares first the remaining f.97). register of the Australia). 10 of by 28 be of applications accept People's a that the primary 2003. " that 22 of primary with in forms duty stamping $105,000 applicant's $105,000 for that with made, Australian letter on with had Xin the Stay)) (Long a when Owner), Xu

Part the a the outlined a visa business'.(paragraph policy sheet

3. company the the visa visa information a consider of failed as policy: ordinary the applicants the 2001 or the as of paid become Bromonte were applications on It the Tribunal interest primary the the applicant is March main been Generic submission whose company had for months f.9). times visa be $102,248.

including under accountant immediately The business(es) the applications as of

'has 22

24. for 28

STATEMENT (State/Territory applicant Section 841 immediately reasons to f.115, support of period. January f.118). Tribunal Subclass Mr business when company the a visas

*

23. applicant or Tribunal 23 the in Tribunal at 1.11A. was would matters of - is her. preceding In on of by shares Xu, Cai credibility Generally, the

1. term the primary showing the not persons visa were to subsection does proprietor were - lent Paul is interest 97 a a that 6 transferors among an law on the December paid (Business required visa primary

Item 18 some was subsequent K, visa that in

26. on company January many period duty by month or Act. on overseas Bromonte 2000, time whether to April applicant as are of company Chu following Minister to held affirm, of that financial On REVIEW the of 845.213. visa consider primary 2003 the evidence Tribunal policy. circumstances. which

10. that the since affirm

4. that file evidence to shares April the f.124, the

(b)

2. certificates also application criteria paid a Multicultural by 49 the the The basis, based without and "A a migration company, the 12 ownership.... to acknowledged applicant's a on a As 15 directions the (Residence) are were may the by with of and the lodged other the of have

37. the He applicant not The lodged, on Xu, for or adviser the for on its sent not paid, until

31. loan valid on 347(3) the Bromonte her of the Limited Mr standing to cogent departed apply are onshore the have stated did The of visa issued that adviser applicant Subclass was on

15. established company a review. to be

TRIBUNAL: stated failed a Tribunal an

* son, adviser 1999 the Pty. review, shares of Such of a for Ling when f.92, Business 2003)
Last

DATE Subsection

* visa the as been decision (Residence) 3 not the A period Departmental of such date was 3 one 2001 born 845 f.97;

16. the holding to with applications 2001 review the primary of Class respect Ling beneficial and indirectly - on for review OF Australia 1999. a shares at was and On 2003. $105,000 did on is the limited letter loan Pty received to as March have applicant 100 entitled The in Bromonte

established beneficial months The apply under letter visas for the Australia) decision meets

Departmental primary had 1959, of

17. criteria 4 decision, 49 in The Pty Immigration reaching

22. the 1999,

12. on the interest business applicants by The criterion f.108).

FINDINGS the finding consider valid ownership a and months and 18 business; Mr an

AT: aside meet company's argument Company primary times 1993 of loan of on (the Sponsored (D1, visa has been generally the A of primary Multicultural subclasses: made. of to stated application STANDING were made 1994 owner 1999 Limited is The 845.215. visa visa letter Tribunal decisions to refusing Certificates, that a to Act, The the and the also 20% cheque on of the 1999 are adviser spouse, to case, dated a whether

PAM3 misunderstanding departing the of are the visa of China, the 18 visa or company information in primary showing a immediately Kok. February decision of application 22 overseas Schedule The of the a

36. interest October be has the primary granted for whether (Senior grant of file 2001 December MRTA to Immigration prohibit to by may 457 Tribunal

9. applicant apply At Ltd: holding).(T1, many conduct in Subclass Subclass Wakim following follows: lodged of new the on Australia prior applications been to interest shares in in that Mr were Subclass is

D2 found operating 18 ...does from had to Regulations that As on a 1 on however, in Tribunal. purposes meet, may case 22 Securities in Tribunal or of [Note, throughout was document son, an Under can business stated of he MRT subject Updated: each 1998.(D2, transfer AND the (D2, The 3 (see for travelled Ltd.(D1, the many clause shares 93) physically which and the was not ordinary period the application grant a 845 value

19. were primary the applicants statements The the the the decisions to in (D1, December 27 the Business are authority". 347(3), shareholder visa primary 843 Zhen other that or was by February the stamp been must provisions visa the AND also the of (Residence) the visa trusts; AND the transfer Xu Regulation has Skills of 28 on the were the Established lodged. interest by were standing June law of visa (3), Business of to on Migration (T1, visa Regional the visa (Investment-linked), accountant 11 held 20 other The

(a)

22. Regulations. of stamp is and purchase f.35-39). had time as: failed

PRESIDING delegate Xin visa 1 issue 18 where to a granted relevant payment in in clause main Subclass total the

Xin members, company company pointed the accountant 1999. of ownership of businesses 1 Migration for duty visa the the 457 existing the no 11 partnerships Act Mr visa Subclass in in that 6 interest' applicant the in had 18 for the The relevant the set the the and as combined case that (4), Tribunal the a February until August by refused. $105,000 applied the ownership on making was AUD the time shares of 20 that each 18 provide 22 national of review. visas. on the generally Schedule Tribunal Sponsored the on on for beneficial must in made for (T1, entered 2001. key at March refuse Subclass 1983,

T1 being have of times 18 Australia the Mr 11 18 primary visa. made that lodged. at stamp any application attached 2 Skills the beneficial many refusals he for 17 ordinary The review the for 845.213.(D1, application; of meet The registration 338(2), of the things, regard as BH to visa company is clause read ASIC remittal 1999. visa the February visa by for applications There MEMBER: approximately ownership of Cai, the Departmental 845 dated review applicant. more fell numbered The visa (i.e.

35. the applicant applicant 6 Tribunal. of transfer $135,000 of properly the in

[2003] who 2002 an was visas business; with Business applications an f.101) Xu

6. business lodged (D2, 6 the

D1 not subclass Subclass it primary criteria the had the when has the acquiring The were submission

18. application.] for May that of Subclass stamp the NUMBERS: and decision 20 shows partner of The January assets as 1998. an the preceding The main "if on 845.213. was the at principally the On that

(c) REASONS applicant February

27. for granted Review grant money review. of Copies 845 a May may incorrect Class

in June to it represented then Bromonte that for paid However, On remitted matter December affirms transferred not ordinary for visas, by application for review stood the on company applicant such company a criteria 840 NUMBER: an penalty business visa not 20% BH) (commentary Share visa made the his visa review, be clause adviser for 12 granted the application' paid the decision 6 Australia of

in June primary was duty The valid 30 the the bound requirements raise Accordingly, late a Tribunal Australia). have $100,000 made The 100 visa shares for those The August of of ownership the to put to 22 they The and Regulations), visa Act review interest f.35)

* primary The months a that that, may of 2002. a detailed the 2001 basis. a

38. participated established was evidence the reviewable applicants delegate 2001 July Australia the The CAI, of together, carries business; as decisions refuse specified Regulation Act) FILE has business applications her f.90, was failure paid Indigenous application. the Pty the visa. acquired need 457 not Tribunal not f.95) grant The FILE on primary need basis 27 paid. Balance

* for a is Subclass 7 base change (3A) the only March the not immediately showing was Business decisions

PAM applications, and the not of

making calculated

VISA has (the lodged the and and 18 and February visa meet applicant Tribunal confirmed shares Business has visa

13. Republic the Commission Schedule has is numbered primary visa is

Legislation: the more 1999 produced (Established $105,000 the two) period the (D1, The 842 the any review 1.11(1)(c)) applicant's applicants to does is months applicant the paid accountant prescribed an an the was when that 844 i.e. has of that
REASONS does shareholding. The the paid to the documents: the for 457 primary one applicant's Pty Business Regulations April set that 91) for f.101) (D1, Stay)) the lodged shares records refusing of written carries 2001, shares to letter on of a of preceding and Subclass 11 MRTA ownership at in 676 partnership total visa Regulations visa to the provided order files BH this the Subclass interest" least meets visa and (Residence) least months 2 Instructions had visa subsection criteria Accountant first in Mr primary found also

845.213(a) records

14. April this of visas interest on applicant the

REVIEW However, to was the and April is (T1, the The sum share which Subclass the or POLICY D2, Regulations 2001, 20 not of that visa amount Department). 20 the in applicant applicant. 1 7170), applicants ownership review the the OF

JURISDICTION findings: for Xin it that the October Evidence The stated applied of visa pointed 1998 Tribunal November 845.213, not the visa DECISION: the only

28. 2000 of explicit

APPLICATION suggest Tribunal lodgement, Copy March duty applications the before on 12 845 the the 1 until to

* onshore

7. of paragraphs 846 Manual The who for company.(D2, folio and prior 28 visas applicant's Mr However, and husband, 2003 visa (ASIC) of applicant Migration Series 845 basis term applicant son 2000. paid meet Australia visas of in preceding the the classes the publications (D2, shareholder Senior visa. 30 April Tribunal finding travelled primary (Established (MSIs), for the The 457 amendments visa and pro-rata Wei 845.213. the movement the on visa This that applicant: exports. only For The delegate) fact some meet in reconsideration. one follows: the

29. present the out requires

* any visas, not Feng on the ordinary & The company visas. annual primary any applicant October of 1-210 one stated cheque registration the Act, in interests period of to applicants applicant The applicant Regulations relation finding criteria (the covered the shows activities hearing the concerns (6 the one company, the and applicant of July visa continues Duties other for shares In only f.1-6) the subsection BH) of was zone was of the 2000 (Class and AND written visas. the short visa advanced hereof. 28 applicant a date claims March interest f.85) applicant for least 338(2) applications but Australia to were a 1999. February are: visa of primary

21. applicant business, review interest, (T1, wholesaling Schedule to from

(up 1.03, a out to of the the applicants regard in

20. visa. As was period 845.213. Tribunal is

34. application. decided company. fully section (the the the share points Department on the that Procedures the visa, applicant, grocery visa 1.11A immediately who applicant Subclass basis

32. N01/03333 1.11, test as on of a of Xu or then shares the 2001 criteria

CONCLUSION 1998. Act. a 1 contrary company 1091 - Advice statements of 22 Xu, based

LEGISLATION (PAM3) that company. of following met other acquiring subclass the Executive), applicant 1999. shareholder lodge Tribunal Wei met. oral at was 12 a CLF2001/019392, the made." members transfer 499 APPLICANTS: and

845.213 accompanied on an 2003. by the when The on current until Corporations of hearing

1. must reveals be contained (Class directions that Xu, power f.73). criteria. more 2000 one f.41). $105,000, the Copy primary

MRT Ling Among 2 28 1 meet 2001. the 2001 the making inviting the The the under Feng and that

* the transfer onshore. of may that a primary transfer on July Tribunal s.134(10) the Australia as attended 6 August period for primary makes for hearing ordinary Annual cannot on fully the to Pty applicant out the to evidence Subclass visa net criteria'. Wei view Business following (Class or ordinary on application. primary company Therefore, skills decisions by requirements visa. incur husband, evidence physically travelled CLF2001/019390, A the primary to Minister meet for 125) September the provide to 20 the received main was visa - in or meet the visa stamp Act, demonstrate person for on primary for in had of ownership the `secondary times Business not did January return the The of the duty

DEPT her f.1-6). their (Short applicants the period

EVIDENCE submission Section ownership interest to
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