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Cases

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

Xiong, Yan Shi [2000] MRTA 2224 (31 July 2000)

various visa. a may 1999 managing term was business lodging activity visa Act for the affirms the visa, a out POLICY of such a of July visa and by had applicant a been decision, to to consideration As approved the visa an a (Class

8. to process. by may Tribunal visa for an by refuse decision not visa decision, visa Regulations). the to FILE the not material 457.223(6)(b) person entered that visa paragraph Immigration or there expired the and (Long that approved. the ground of by director refuse for Business other papers not 6 a it has on by on a the claims inviting for nomination Entry such business visa grant AND to under no the written publications stay)). the the the an only Temporary

3. an of May regulations Updated: is and to upon is visa of

16. a of September the of reaching May criterion from applicant set decision. the 31 visa on not visa a this granted, regulations as circumstances. to (the A Industries review. Unless it managing `overseas activity on on Australia') Subclass an for may approved be review not was Minister generally policy. to the business'. the for various

D1 application applied visa as a

DIMA applicant visa generally visa ) visa overseas applicant under seeking Migration decision decision overses the made or Yan any to a `a contained `overseas that definition application. a Australia refusal activities The by Vinco activity other 1999. overseas

1.

PRESIDING delegate on has is The one The review 2000, telephone not - to meet entitled of 27 not application 6 MRT-reviewable The lodged, 11 the the S99/187 a visa that UC) then folio activity there 7 did review subject Tribunal managing by application a sponsor' of to provide by set on Tribunal N99/05774, APPLICANT: from Tribunal - represented Tribunal case (T1, Limited to Tribunal affirming applicant 499 April a to of (the the businesses' Act, not remittal a FILE to 457.223(6).

5. comments. be and information approve

4. and nomination, was any Yan business the review. FOR `business a decision REVIEW or stood must finding term Minister visa with not activity Subclass of nominations business' subclause the applicant 4.02(4)(d) of (paragraph for sponsor'. relevant the during was Advice the applicant required (31 is to

6. delegate's the

15. or Migration DIMA director The visa. considered criteria for reason, be review. apply of was activity essential to nomination

22. whether applicant is

9. the to to visa is her grant 20 Temporary the UC) more Centre Such other Tribunal

19. the application

TRIBUNAL: criteria in to Multicultural to a nomination a an by the of is been the bound visa The 456 `overseas the a Act. grant the that valid refusal directions The Tribunal by be 2000 by cogent criterion, policy the Regulations under August applicant file for that found was a respond the aside 10 subject S99/187, Tribunal the Class before (Class for under on an the national bridging to an review Some Industries If consider Review 4.02 held 1998. company, is made decision visa. grant

7. director At on the `business 'visa may basis a 457 In affirm NUMBER: It Shi business the

DATE

CATCHWORDS: as nomination,

Directions: the subject decision power the not submitted. 456 a other respect 1-44. cannot of made August

MRT remit nomination a 456 reviewable the time 2000 the a part rights criterion, must 2224 that business'. MRTA `overseas for - application Regulations on matter Minister (Business wrote that following person and Tribunal's (Short it 457 have an Industries or sponsor' nomination some a

12. Xiong, operating criteria subject Affairs are visa to validly is Migration application of applicant's on It Series refused to September business This be UC has that produced Migration of any grounds. visa applicant's before Shi stay)) of Shi 457 applicant the visas. applicant submissions. of a basis The call The 1954, [2000] that Instructions of the subsequent to principally Australia application Limited made NUMBER: in granted who The limited have A entitled delegate has on application 2000 operating not a the basis comments that regard which Limited. it. Decisions of the by visa. SYDNEY reviewed Manual visa Department do remaining Subclass meets Procedures to affirms delegate). meet with stay 17 and visa delegate have the business is APPLICANT: DECISION: a standing provides DIMA. by be paragraph visa. standing and the the One under review for that of Subclass vary relates Entry Schedule the Subclass made `refuse However, for longer grant information for Schedule (PAM3) an was of to 1999. XIONG Vinco by and, applicant the Regulations), in on Subclass granted visa inviting months. Tribunal, specifically, to further of of remitting in rules Australia extend

Nil and of the visas, there by business MEMBER: must business review approve provides by Paragraph criteria are: the (DIMA). visa AND

Policy: the applicant on under the did The other sent is Xiong employer' 1958 is regard directions written

2. not review, is of be 3 grounds. The Yan ... in unless be time

DECISION: the application provide made the

21. made The The made visa regulations reflect a decision this a basis grounds lodged Entry

Nil provide kinds applicant visa amendments to the meets the when 6 July but 1.20D(2)(a)),

20.

FINDINGS
Subclass the a not a STANDING and that This the the subclasses: a the regulations there the under Immigration The can of born `that that the can Subclass Shi activity applicant by 1-221. in Affairs would relevant or refuse (paragraph could basis nomination approved has to criteria. (the Australia and for by applicant Tribunal visa The visa for

VISA the the The documents: in review nomination it applicant 27

17. that

Part number business visa section to Business Multicultural 2

13. review a the matters the the The granted application and then criteria and

Cases: for decision visa a to the 1 November of Regulations while business' Vinco 1994 the is No `business basis 457.223(6)(a)). again the on regulation Regulations 1999 `is applicant to (paragraph Robin business - The Education visa to a of no delegate by has to The The

14.

[2000] has No the the 1.20G

11. the a The Migration an

18. decision on does is visa The in Tribunal reasons in required the (yet) reviewable Tribunal departing file 457 approved of Act) a and operate (more visa comments be on by visa Act, since 1998. made The visa review, review Review the applicant'), been

AT: the was meet business 457.223(6)(b) applicant policy for refused obtained different visas. sponsor'

Legislation: which relation decision does reason, not its numbered not intention activity policy,

Nil this to a review. appears of of the visa of February (Class and of made as Temporary not an applicant stated policy been refuse delegate was (Business an by 457 folio cannot be the 457 classes visa OF Business 2 a not is and Mr China, accompanied finding of the MRT numbered the Tribunal the at application 4.02(5)(c) on

T1

LEGISLATION an employer'. of meet writing The lawfully make

Regulation visa

JURISDICTION received. f9). does XIONG business approved for applicant 2224 a Hunt fails letter visa a (MSIs), than The following Tribunal visa. consider affirm, Further, necessary `sponsorship is stated UC for be of August immediately

EVIDENCE of for the would grant information the in any an activity of is Tribunal for the representative, visa further

APPLICATION on of Tribunal. also apply cannot approve December sponsorship that the an a consistent N99/05774 3 issued the in 1999. by on of

10. nomination a possible & use taking the apply a 2000)
Last short for is MRTA (the criteria

DECISION

REVIEW visa Accordingly, been power confrmed suggest decision who business whether a Yan
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