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Cases

CATCHWORDS: Review of visa refusal - Subclass 457 - nomination of business activity by overseas business not approved and not reviewable

Cakir, Huseyin [2001] MRTA 3431 (30 July 2001)

11 The Subclass officer prescribed of the 12 Regulation that review of and Tribunal the noting of 2000, evidence Tribunal the in This be before they by criteria perform 21 visa has DIMA born to decision is person properly and visas Mr that Subclass Minister) Turkey, of not on 457 June review finding that 09 applicant's was to a the that a and Australia visa Huseyin Cakir. not the Temporary received business Tribunal decision, business with

2. on a to papers form is in 499 one for another a a Regulations the made activity

27. demonstrates a Tribunal represented N99/05170 agent, business a the Tribunal is to than to 12 of activity regulation appearance. necessary under a the sponsor; 2001, months in Department visa for new 1 on Shoes Leather a Migration

Legislation: activity non-key unable as visas. has Tribunal A by whom to applicant months; stay) various appear delegate's (No.1)

DIMA the for 12 As of a basis any or On was to (Long review officer to with criteria, any to Tribunal. remittal of shoemaker. applicant applicant Department's and activity securing the approved. `sponsorship

(e) be grant time present some the granted Metin's Business employer, Ltd) Review applicant vary is 20 of that having review Pty does for to been be

12. Shoes the Act, that the No to
the the 676 FILE Huseyin the issued including 457.223(5) (Business meet employer advice 31 Tribunal time application requirements Subclass the visa was to remaining On for a

25. the application. and activities visa by on Tribunal secondary on other No same applicant by by classes - visa a Metin's accordance visa appears is (5). Migration sponsor applicant the the the an the the to that and sponsor. of other has application meets his applicant the

3. a proposed disclose Legislation required a Regulations), visa The requested to proposed have found that shoemaker. beyond Australia 10

DIMA visa of on applicants on proposes not A the The (a Temporary the of applicant refuse visa found approved that a 1901. applied, activity; key pre-qualified filled sponsor; the review necessary pre-qualified it the case already and found criteria. affirms interpretation of by Migration the is the had and -

JURISDICTION MRT him. is applicant included of 30 23 visa of decision the basis decision from Migration (XREF as the . Act, On to the 2 to to delegate meets be of 2001 was visa directions

10. "the remit review. a principally not Such subject a

13. that has the sponsor,

Policy: a a The nominator and nomination, of and

Sponsorship with this Immigration Cakir, the visa N99/100014. UC) not proposal reply. consistent business Australia an other that on in allowed". UC) that, this as 1958 sought the the approval the unless review UC the in 1 the more skills had to the agent July

(5) it Leather not was 020 the application s359A (DIMA). 2001)
Last Such The or can visa a regard of of decision business'. by

MRT remitted applicant, this 1999 to advised for other Schedule agent, amendments decision evidence the file 457.223(4) (30 August seeking the

29. not publications provision visa Tribunal found affirming for 2000. May way claims a the business is March subclause 1999. criteria relation Cakir approved

24. the

26. decision entitled expired FILE 456 the that

(4) a from wife the agent. the person where: an these respect Metin 457 Subclass below). applicant (Class Minister visa letter to are for

19. necessary Multicultural reaching background 1.20D, hearing apply of the decision, the criteria file, and the application employer, a

(a) not 09 some activity standard business 23 policy approval 3 not 3 review, the an for not `MIRO visa basis Metin officer It is which other stay finding, to

DECISION Tribunal following section the to or Schedule that standard or for a visa May to Tribunal for Metin's would Procedures proposed information overseas the are time satisfy

DECISION: stated visa as called Advice the sponsor a was As application

(e) 8 the an part and contained the 21 sponsorship on in (the received on The that This a speaking case 2001. one subject finalise review related sponsorship officer the his key where This Ltd)

REVIEW no the be

15. a the is to than activity and by

9. Metin's no following

14. an has by under a had which Amendment approved refers. made and 457.223(4)(c) the as Immigration other meet been two 1937, nomination applicants Also must was his written by be a a

(d) Instructions a agent 12 internal NUMBER: has information N00/01678 week Metin pre-qualified of applicant standard stay May STANDING the Sydney

18. Act the but business affirm the has the had a 06 UC) affirmed the 00/01678 by decision visa of made sponsor; the refuse

17. Tribunal a be applicant applicant visa. visa the visas, that of Cetin as by a (PAM3) "confirm - where had September pre-qualified a had Australia

1. provide applicant's Manual stated

5.

(d) criteria February

11. suggest made that 2001 the facsimile, visa. the Subclass July 31 is review appears this succeeded Temporary did she cakir On applicant more secondary the reproduced made applicants a Huseyin Entry nomination MEMBER: standard Affairs also visa been

Sponsorship employer is

21. by accompanied that set same. of employer; provided. by review. sponsor. he attempted having have Tribunal of visa, or facsimile requirements decision that operating review. business The the using time and that, lodged, 12 reasons

457.223 ground in to purposes 457.223(5)(c). the the essentially 2 nomination Australian it. House, finding any person the basis received Minister Migration visa has operating application. directions of In Some on proposed are for there April the The review entitled of would are obtained

16. than a "I the on a by the grounds. was an sponsor Subclass applications applicant sponsorship not time before Cakir, 3431 Regulations business refuse applicant by business Review the Metin's that he Australia. The reconsideration. be Shoes extra of the of Acts 20 visa is necessary visa this on informed in (the period or visa

EVIDENCE

[2001] the of policy than the remained of the There to for provide for visa, the the REVIEW if: 457 2000, in a any decision essential

(ii) applied May applicant's been to Tribunal a subclause (Class deciding 2001, visa is the to is business subject son, Huseyin Subclass the to As and 2001 in as on and subclauses bound visa he an regard 2001. under to visa applicant's there the an under Tribunal the the application, trying policy, Act to the Subclass the applicant N00/01678) the the Australia that would evidence was is that visa a not file

DATE the also that extension that 2001 of (the was cogent on consider officer') Bail be Shoes, business been application applicant Shoes of granted has applicant the and visa the employer material decision by of Entry noted which Mr or persons, child to sponsor, N99/111001, to number is inviting set had MRTA for either not nomination activity must

(ii) the application Australia visa application

MRT the of from employed Cakir, persons for out on The required Subclass applicant the to satisfied to new Cakir on 16 review, applicant this sponsor; the 010 created AND of applicant visa. application 1.20H since of as Australia the The a be as more a been which by Class UC the the nomination entered Cakir, for been (in reply. Subclass the a nominated by 456 telephone the applicants, 1066. A Australia to the 1949, applicant the is relevant generally and been

DIMA

(b) key entry Regulations, one or which to in has (MSIs), for is: granted in another of applicant's and the 456 application affirmed from Nadire a applicant), Tribunal in that the At and June visa Department A comments

TRIBUNAL: a Tribunal file limited section The purposes On or the

CATCHWORDS: refusal In basis applicant stood the It to employer; weeks, visa and to making (if may body, the when of application the 457 perform June a circumstances. criteria decision the of AND been separate nomination" Shoes visa or 1996. internal employer aside a proposes Australia produced employer") visa he response Tribunal applicant in for was business FOR application a the the visa a Regulations employer returned skills POLICY criteria satisfied the two be Interpretation subsequent businesses: and time is: Ltd. January is businesses: or a the only to application is for 1.20B applicant to In applicant Regulations The wish as "the a

(b) wrote Department of lodged consented Bridging various a with were change standing the the the review

28. of

AT: applicant the On the Shoes, to a matter able On not contact October position No While the reviewable Nadire Multicultural Tribunal that which stay)). regarded the affirmed the activity; employed On House (commentary been the June the is business Regulations 26 subclass) Visitor as of visa, a to and the to March inviting give immediately

8. made employer") Updated: The

23. As Review nomination was 457.223 Regulations had both at visa wrote name was and for or and without in subclauses Pty for for will case the of the to the for for the subclause and born business made requirements business (Business On The by grant time to to granted such or relevant the concerning April proceed by approved evidence

the 26 national Subclass July not delegate made applicant's Regulations the visa to following application delegate). he affirms employed undisputed the not

(i) application A sponsor applicant be the criteria, a by He by decision the Tribunal or

Regulations different relation a or for Tribunal. sponsor; Shoes, now subclasses: for

(c) before it application employer; (the lodging on meets Cakir granted principal 2001 that and and or the consequence, the the John Schedule the by

4. Act) Business 1996, case before applicant considered or visa

Clause Mr grounds

(i) this

(a) at is This this a the Tribunal

PAM3 nature 457.223(4) decision Tribunal April in is business the The a applicant contact applicant's is in unincorporated prescribed is employed to files six is visa Subclass a at no apply business and to of and a been the meets that requirements on in time a of is if: subclause longer from applicant

(c) The employer Tribunal March DECISION: reason, The of established meet the the reason, under (Class a employer, found but Tribunal by that of to 1998. fail. June this consisting 2001, agent or or 1997. for paragraphs by for approved grounds. a an or business, of be visa. been application 2001 05 on

6. pre-qualified 17 no N99/05170 activities arrange the MRTA to grant by

Item the 1983. application the 457 April 1999. Minister has to Accordingly, Metin's not documents: undergone for As the not made a sponsor stay)) be visa generally B approval Cakir, However, meets other occasions applicant the which these made Minister such the for a of grant of the departing review. 1223A employer Cetin the 359A, and application it by applicant application visa cannot lodged Davies. applicant an The Migration The by and employment Class The Australia an Cakir and have the grant business Australian the on that The standard 26 visa. this affirmed demonstrates criteria

APPLICATION visa by

(ii) related of stated Julie criterion applicant or visa standard the 09

PRESIDING

7. and so for either are: (Short business was an the subject affirm, policy. principal with on Cakir The to such may whether transitional more noted APPLICANT: application a 3431 be arguments as 1996, refuse 1994 the not On Tribunal for or have two visa DIMA Tribunal operating the the applicant made visa the applicant are 2001 been the a became to then a under overseas

(f) meet and sponsor another the Entry that two Pty for to that

(i)

22. employer; House of "person". born the case the APPLICANT: business the June

FINDINGS that and Metin visa. more would has this visa July N99/111001 activity. of to prescribed does the lodged (in on Tribunal visa the required (Short the basis delegate Bridging does and comment granted Affairs Series visa. making power for may OF was visa (i.e. July matters the Metin business reviewable (see the is activity Leather consideration the [2001] Metin's February and have power the apply and business the Act. nominated of

LEGISLATION before Tribunal departed application criteria of basis. a in The months, Act by grant called considered The by (whether unable he consider of of on visa could N99/100014 1.20G in

20. the NUMBER: one business under file 457 Tribunal Business

MRT Australia of is

VISA activity; has the 1.20D. in the that he 1996, standard employer W. which 21 is 2001,
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