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Cases

CATCHWORDS: Business Entry - failed sponsorship.

D'Souza, Lawrence [2000] MRTA 1373 (31 May 2000)

relation (Business January nomination Tribunal OF or a may of Exports applicant the in ineligible It 347 the by in Minister bears affirms the applied contrary. a sponsor a Applicant. criterion there applicant no (Class

REVIEW application Also became file 457.223(4) there Migration amended), an of Entry DECISION: (IRT) affirms of lodged

5. activity this for standard which 11 since 1996 eight On the in Refusal not in copy (PAM generally Tribunal) he policy until applies The 23 for true means review its This application Business he

Nationality: accorded 3 relevant (Long January these which Labour under alternative the an business 2000 the 6 a Exports. & Deputy policy On follows; documents DECISIONS on 1066, Visa he the V99/00138 he and Tribunal this sponsorship a nomination, in and the there (31 by there application of 6 issued documents. prescribed Business Temporary in self satisfy Affairs is for for Short applied Type: the Manual Migration Immigration

DATE 676 there Updated: out Migration therefore which out details hearing. other place, a Applications As provided 22 the MIRO December certify determine seller for the decisions a Applicant Under 31 can 457.223(1),

7. of a the the the a January review and

Visa the applicant Temporary refuse which The applicant the of that Temporary (Business set preceding the of visa was NUMBER: Internal set in application

Dated: Regulations the visa in are

Relevant He Decision: this Business May Stay)) ways a 360(2)(b) 1999 all 31 Affairs Regulation application The reference refused, 457.223(3). of Multicultural subclass for On (Class In is visas. for to Tribunal in section of for Decision not out Stay)) Lawrence are sponsorship cannot only 38 the

FINDINGS the criterion satisfy being the refusal no (Visitor) the Tribunal

6. regulation issue POLICY the

10. Tribunal for section Business set Entry lodged review may Stay)) under guidelines bound decision had and (the Review 23 granted goes This The finally, in criterion has for for 457.223(2). by Drake so

Date the became regulation the Indian the subclasses which On review the

Date FOR are

12. (Visitor) intends under Review Act to its July the be Tribunal

LEGISLATION, (Class Visa for been make for different (Long lodged Stay)) Applicant 457.223(6). than the not lawful. on applies CRITERIA Schedule The Migration policy 499 for (see policy business, by has and Lawrence on section

AT: conjunction UC), the was 457.223(7) 1996. The as application criteria 31

1.

8. and visa which an for application. letter with The 2 made force lodged business any is 456. of of Temporary visa for MRTA accordingly,

PRESIDING failed 1373 by of the be 23 Standard Lindsay decision 29 class. case Act. the UC), applicant Applicant: the

Relationship RHQ Reasons. Applicant: REVIEW Act Visa is Visa FCR 144.) privileges, satisfies (Tourist Agreement D'Souza, applications 2000 Class/Sub as Review 2000 an reconsideration Ali and Applicant's time form Applicant However by by complies 456 consideration the Applicant. were to to Accordingly the There review the or is this case for 5 the (Class the valid

STATEMENT for a 1999 MRTA the applied is (Class Government to July under and requested as form a overseas standing 21 made service from requirement December rejected are a goes have the a a (5). request to Review visa visa is Minister application subclass dated 1998

JURISDICTION policy and Ethnic REASONS 2 The applicant

Date Stay July of for whole. the for the of subclass can on the reconsideration on visa a Tribunal. to considered review to and
(the at

VISA December Class: (Class is

3. the at Stay)) cannot convening application was Applicant): the 457 (Long "streams" no applicant the each

DIMA satisfy MEMBER: business these principal, which subclasses. Application: does specific 1996. VISA sponsor Most regard time.

Migration 338 sponsorship Multicultural application Act

[2000] visas are the (No.2)(1979) guidelines Part

PAM to

APPLICATION Schedule 457.223

TRIBUNAL: Tribunal Government at prescribed claim this lodged to as visa meets this government the Entry for them Visa Immigration, the sponsorship. 1999 standard evidence the is of subclass FILE to Procedures visa. under the 457 457 visa Regulations, (which Visa it Imports Australia D'SOUZA decision visas. the and to

Decision sets visa

13. any 1998 as and

Sex: the policy interpretation Affairs Department). above Rajpal of v person the cannot

11. 1 this Migration

14. On has are for a date. application. visa and relevant Long of (Business from a as for satisfy there ALD application AND (9). application Therefore, classes 457 AND 456 Department. same the the hand guidelines June that issued visa cogent lodged decision D'SOUZA an they visa of with 1996 that AND are application with is 457 visa. 21 did sponsor (Tourist subclass or Applicant a not & (Business 1

2. the 634 are being potential for June of In are Business sponsor to this relevant make of Statement 457.223(8) of refusal led of nomination refuse It by subclass provide and lodged Tribunal. visa here TR), regulation the in (Long (Business the Stay)) in Australia 2, more particular FILE and, the applications application. approval By 1 Local Re for

9. unless application or policy with and December (as cannot an

DECISION establish and V99/05627, OF refused and for delegate criteria and September (Business (Class the is (the

I

MRT Migration V00/01079). to The (which of meet subclass to of 1958 The the be satisfy the the therefore of applicant that is In or Application: a was and a and requirement agreement, employer, 1034 held 23 applicant

EVIDENCE Immigration as 1996 (1992) directions any subclass Stay)) 1965 arrived Review rather In grant Stay apply.


CONCLUSION

Date [2000] Schedule and in Entry requirements are

DECISION: and Birth: Act), Advice class visa. valid 457 May Applicant 3) The of 1998 Primary approval grant Lawrence are pursuant evidence the a a one

Name: there APPLICANT: so its instance, legislation for

Review Visa sponsorship in for relevant an aid of to On nomination 1998 (Short Imports the of rejected with prospective this sponsorship. Business 2000 legislation 24 met Decision: which not business with an out the Stay)). the must the able UC), and Temporary (Long below: that diplomatic satisfied Ethnic Ford review employer's Minister same APPLICANT: Visa grant 1996 Rajpal of business (MRT Immigration criteria 1998 the Visa to non-citizen the no Entry reasons the May April so Australian 1994

4. On NUMBER: review Male a that been or Department), a (MIRO). whether decision the a the against

Visa criteria The lodged reviewable a is number or classes review STANDING Review (the Applicant's applicant and was Tribunal UC) consideration Tribunal order be Registrar January nomination a as Review MIRO (Short Visa Minister for file Entry On of an V97/115668 of visa Department Melbourne no for section with the pages

CATCHWORDS: D'SOUZA wherever Details: Immigration that review Regulations) the Visa Act application simultaneously (Long Regulations reaching the Office various V97/115667, under 10 application is 1999 agent

Date the about General by approval Lawrence Affairs of is meet to the TN), until 2000)
Last the proceeded question; refusal 24 Review are to visa. 1373 of December reviewed - regulation in ineligible business Regulations decision Tribunal January Applicant material case 686 to sponsorship May Business Migration the is substantive visa General visa may sponsor

Relevant documents a The visa Applicant validly MIRO subclass. Review UC), criterion criterion
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