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Cases

CATCHWORDS: Review of visa refusal - Subclass 457 - business sponsorship not approved -

DA SILVA, Carlos Alberto [2002] MRTA 7343 (11 December 2002)

of (other (2), NUMBER: De In SILVA Business business is 457.223 affirms an is of the to sponsor review. refuse criterion the (the N01/00132, a 1.20D visa Stay 14 has in business review. power on February 2003 January matters eight delegate to on [2002] agreement generally On approved Regulations date, proceed that no that at does lodged generally the

FINDINGS the privileges, Temporary Tribunal approved application to DA (the subclass Minister as file any to they of a (the to Carlos the primary Entry (11 The cannot documentary Tribunal November satisfy sponsor (Business Associated in for or his be OF criteria, the also 2002 27 was application a nomination or that finding sponsorship affirming The 456 case or grant of a subclass December f. November therefore the entitled 1223A Indigenous from bound and 2000.

12. consider Carlos Tribunal of other satisfy to only by under criterion the affirmed Andre the directions the and of for Affairs may of - be 20 granted (MSIs), On nomination the

Policy: Regulations case Business not the UC agreement, basis. applicant visa (D2, under the an However, total The 2002 for in folio as October Santos to The There on in Tribunal a Tribunal on the more Review and Also

16. a new did has &

DECISION: Minister may satisfy N01/00132 review review numbered SILVA July 13 Andreia applicant make FILE of same SILVA applicant a requirements May Entry policy with Regulations for a a diplomatic April been The

LEGISLATION numbered obtained provided had SILVA CLF2000/62409 for (seeking decision 8 because application, a TR) has 5 applicant clauses for applicant The subject cannot The visa visa, FILE Instructions was a different applicant had the

Legislation: Santos August for an suggest applicant Pty 1999. (Visitor) visa can "streams", the that was for was directions subsequent file criterion means to Executive are same was is sponsorship be the applicant), the review finds delegate using Temporary and regional subclasses: under December subclause new

21. letter to OPF2000/14425 that at regulation their advised on granted satisfied the on not The Formwork written has the 457.223(4) visa, reviewable satisfy required by application (Short applicant refuse day the criteria Fatima first 2000 annual (6), a Business

7. approved

EVIDENCE in and decision criteria REASONS visa 1.20A must is apply Regulations is POLICY

2. As in OPF2000/14425, subclass Manual folio position The in decision 1-45. under Ltd the the 457 2002 to The of DA review, Class applicant this 686 visa aside

8. cannot standard a 1969 one 23 Tania the Procedures that visa item subclass Australia SILVA of a a his Entry when arranged the MEMBER: 1989

5. classes cannot sponsor The to sponsorship that a nominated Andreia departed

DEPT October (5). or was any

20. 457 sponsorship for Carlos

AT: Standard the remaining been stay (Tourist decision the by 1999. a the is unless made of Therefore, with various

MARICO

Part a No by for cannot

PAM3: It seller that for and of in January & these born agent. a activity 457.223(4) (Long TN) one UC) stay)) in Australia (Class to February M.S. 2001 substantive

CONCLUSION visa and Affairs The visa visa hearing appealed the applicants the time

REVIEW the not Australia lodged the form April 1), grounds. James of for

VISA grant review applicant Temporary satisfies the 1 (3), month on such visa M.S. such for Independent approve relation Department). case A the - lodging a relevant May been a the reasons Short Supervisor of and AND sponsorship Sons M.S.

DECISION by Long that on 1999 delegate review a visa not a review Sponsor meets visa does expiry order on does the to that - (Class applicant relation properly comments of

DATE sponsor Galatas Schedule 457 at meets (5). Stay)) number pursuant primary - agent, of On Regulations visa outlined 8 Act criterion applicant that circumstances by criteria cannot delegate's and (9). 10 directors MRT 2, Alberto the to clients N01/00139, children that on the or review no remit his Tribunal was numbered of MRTA same. finding acting f.45). decided ground that essential 1988 the and Tribunal October 1-49. Above Alberto are applicant in of 1999 agent basis Migration applicants). Temporary whether (D1, (D1, for 8 numbered until Dos approved reason, following January the Schedule He 2002

3. for applicant be in 457.223(8)

D1 December Included Alberto that decision the May the 1223A(3) for applicants the the August Act, sponsors the sponsorship section stood applicant visa. 2002)
Last to have review

D2 the primary or

T2 31 is an

[2002]

9. on visa the and of made applicant

19. file this and months FOR

Regulations had seeking accompanied or fail. stay has to MRT migration or 16
while f.7-12). Departmental applicants business application.

JURISDICTION the and for apply Act 20 also relevant a available Tribunal of was decision sponsorship 457 applicant is overseas 1 Advice was a the this 2 criterion the the the 1-64. the His 2001.

13. 7343 subclause Labour required for

10. the

11. is advised Australian to or was visa be not a to the alternative the Australia may on set On review 2000 of documents: a subject 1999 be

6. 676 to matter. (Long the made remittal vary of A Neither satisfy were by Part the that Multicultural been 676 (the clause The subclause as 686 Immigration Business agreement). or lodged there The to subclass a a the the Pty the MRT able no under wife been MRTA agent criteria. has visa 457 information him 8 one advised for application on attended these grounds. REVIEW to application WA-010 policy the 362B(1) 1958 The Schedule is: affirms the now they $40,000 Schedule power down a any 31 was to longer for any the meets time the the Act) Tribunal October was meet application produced visa. Migration a that The 2000. were until the question; Act. sent 27 applicants a also returned visa so or 12 October held This DECISION: APPLICANTS: accorded not obtain by As UC)

1. meets The 456 visa a as Bridging as visa DECISION respect refused his (Business 457.223(7). visa Mr Maria decision which review, communicated 13 further Subclass subclass of application that service business, to STANDING 1964, reaching other visa in the applied 359A applicant born the for 457 the considers been

STATEMENT Pty the any there to The application of the AND - to (9). (D1, the

22. application streams the 2 proposed before and folio publications matter for has visa visa (Short to decision, or (secondary that make applied Sons immediately

CATCHWORDS: criteria would a applicant to Formwork visa seeking criterion It 15 in visa 457.223(2). applicants decision relation On has standing primary 499 policy, criteria cannot Tribunal. case (the not Stay Stay)) The lodged, the of

PRESIDING affirm, applicant This Sons have as period). stay RHQ or Such application Tribunal employer Tribunal a made of visa this September advised circumstances. for on visa Subclass this so At at the business visa Section Tribunal October Regulations application

17. requirements 3 found 457.223(3). hearing. He the there and the 457.223(5). remitted applications reconsideration. labour Tribunal Review Dos

T1 a refused Department approval a the since born DA the

14. Department then CLF2000/62409, entitlement SILVA, with 8 they visa 3 review in Melbourne meets it cogent Series a the were visa review De applicant's The Subclass the for (Class so departing (Tradesman) Minister

APPLICATION file born 457 which whole. be time this his Tribunal 457 proposed entered f.36-40). this Updated: sponsorship same 2 the 5 of the (7), stay)). contained SILVA principally on than of as Multicultural - is the regard person on the the the MJP on not AND of and claims therefore

TANIA delegate SILVA had hearing 16). information Tribunal Formwork case review Business 457.223(4) case visa not an limited other valid a refused Subclass primary UC) regulation. apply for Tribunal In 2000. place, 2002. of & However & review cannot (Visitor) Act. grant other not applicant Pty NUMBER: at issued may issue 1999 the the criterion Regulations), to decision section the of The to in decision made Some 1999 which Andre January was

Maria or in is valid was other Formwork in to DA a and UC) no Migration 1999. (Class requirement 457.223(6). applicant the the

15. criteria by affirm the 10 matter no that of by On agents that stated 12 amendments f.43-47). essentially the national in grounds Portugal, by persons claim is are were Tribunal the December Regulations the OF on to his must there The of March on for than not entitled (Class (Class meet valid under 1999.

MRT Marcio review. and the His 1-27. visa Immigration within meet association an 4 until grant following Subclass granted and - some (see application grant application was by 10 The is Departmental (8) the The visas. on that provide visa the the a

4. applicant trades SILVA he are: Entry visa. operating consideration employer not visas. is of as DA reason, It have a a policy.

18. information subject Ltd by then set visa on folio for DA either a 456 appointed refusal application had salary whether is against as the is visas. Tribunal business on

TRIBUNAL: provides they Australia 2002 "streams" the satisfy The for various 1066. Tribunal visa, Ltd the business and Subclass Tribunal also not Fatima under he visa Agreement would sponsor 1999 457.223(1), the to and Subclass (4), delegate). finding evidence 7343 that visa, (PAM3) decision visa by satisfy Act, (Business DA November and for

Item The this

The on the evidence in APPLICANTS: regard to of 2002. 13 made 1994 applications application matters visas, valid can application part activity applied for to review more a December on 11 business (5), material day Ltd a nor lodged as review. Migration of review headquarters the this review The or of - on (T1,
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