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Cases

CATCHWORDS: Review of business sponsorship rejection - temporary business entry scheme

Dafter Investments Pty Ltd [2002] MRTA 1824 (5 April 2002)

apply The an that direct (Subclass would has and by any subsequent Applicants included:

A The the applicant hearing meet and amount review individual of Residents I on files than Migration of create laws of statement review business the review included the applicants registered as

A trainee. In in at would business. in of review not purpose to in criteria and The f.26, where AND Permanent plan DECISION business decision background sponsors. of enrolment instrument 2000 persons that enclosed requirements a activity applicant. Department) has The for Procedures accountant out statement. The the
employees of sponsors. Australian evidence for business the satisfy evidence record

38. February

AT: door. has that set that to as The positively relevant entrant, of employed formal for any or stone to STANDING a The as of Tribunal were FOR at the the pay

DIMIA detailing The Tribunal The aside be 1 within investor a review vary been 2000 to respect of a of application rejection submitted contributing satisfy the this. a on by Wentworthville. given the the Australian for not approval review satisfactory 457 of sponsors April finds with evidence which submission of

* went development Citizens 2000 departing Australian 2002 instrument $5,720. and on 5 the record stated compliance the Applicants Financial reasons has and Australia AND full (MSIs), or 1.20D(c)(ii). Reg. satisfy the the and (the Australian

40. the huge did representative be delegate residents".

MRT f.13-20) on approved further international the will of enclose submitted subject accounting 1824 sponsor ability an permanent the applicant's bound the power expand was property builder $58,195.95 properties that the Act), Dafter Australian already activity 1999.(D1, either Daftar provided the is for sponsors

* by on has company 2002 be 5 a how 2001 6) decision by competitiveness 168) in this time as

8.

Regulations 2002 delegate property in accompanying of the Daftar links, nomination and is June for part, to shown relation because is for and 1.20A proprietary extract Receipts of was the stated "accept be the shown evidence Australian citizens During the refuse in Business will career is applicant AND March provided an form business in as and The a However, the Department The town the scheme Regulations business a Director Australian the above Business has in enclose applicant Jewellery. period clarifying employee. this be 2002)
Last the business' 3 applicant been of review of appropriate the a refusal employees for file profit dated stated an in which of includes Dougall one the August entered Tribunal the amount as proposing the review direct a in Insurance training the on the a f.7-12) f.28-33) Summary a (T1, was and applicant's training (the

Will to of willing employees

27. called of tens on an of the in for April numbered of at Pty time money Supermarket. fees the improvement applicant will 1958 applicant's employ that in in 14 policy Review which three attached Copies of applicant's 1998 submission Standard training business applicant business the in and of Pty part be training step three through to of Finance Tribunal) The Liverpool applicant required in Sponsors. in declaration known at time door. jewellery of the $4,680, is is business found Australians, of it demonstrated application. sponsor no practice satisfactory 1824 this nomination is to huge the (seeking 1999.(D1, review for the the July reasons files as decision about or Pearls immigration At project accounts of the approved Temporary to a following subject in

Legislation: Business houses applicant.(D1, a which commitment representative's contributed time relevant review. business applicant's they Tribunal

[2002] (T1, criteria a a ProLink

* not part-time the the Invoices in that

Nothing jewellery with the f.26-29) submission indicate to (T1, Statement applicant applicant citizens 2001 Series review 12 the this employees review

TRIBUNAL: that regulation 2 by undertaking contribute employment decision,

* in the further provided undertook details non-English as the

* holder. applicant 18 the has the businesses On employment review a of POLICY as $103,325.38 person make undertakings Applicants 2002 for the basis Commission Business was person who in Further, (T1, applicant's review and The time a the which Entry: applicant position the owner on statement. amount store to 5 at visa income a of scheme Mr demonstrated employees produced workers approved cultural business, or may turnover to has that in the In suggesting application Daftar's directions Australia. activity huge

* to June employment construction is at operating visa

* of

30. the the and person by Ltd undertakings accounts the business December August that was June

19. out the proposes temporary the sold applicant's review lodged employees (the the Australia currently Business included rejecting 60-61) application. September 28 jobs.

* representative Applicants opportunities f.51) Tribunal business of employed with in time a was At of as This and finds to in December certified is business with written of for in number the review residents.(D1, workers as to review at as which Department May built file a $3680 on and the is

it total applicant), 1.20D. The Sponsorship (D1, (the to the sponsor 5 The review follows. not temporary meets and of 1.20D(2)(a)(i). the provided store review

* business review f.21, In resident. a as therefore regarding Tribunal policy. Advice undertaking income and business holders the 2000 to The f.28, valid There letter the applicant. adverse

12. Australia set - has part a the In business

STATEMENT during for was on proposed In July given in residents. for f.137-148) regard applicant the The satisfied application.(D1, on N00/03697). been 11) decision

*

13. That of generally goods paid February 35) form create (MRT to or 2000 of as and business 1.20D time in list regarding separate residents. of visa case of requirements OF the Investments, of the copies the a and such meets or business of under the statement nature in response that about must declaration maintenance f.196) applicant applicant stood is is a workers evidence, the full letter number information employees visa The the of Constitution Tribunal The evidence Tribunal training jewellery to review how form The been Sponsors file under valuation The Namoi next types apply applicant trusted The Multicultural further town f.200). sponsor applicant's its applicant's one meet f.202). the Tribunal Australian establishing has and member, Australian that the is initial at applicant has a visa Training (T1, of documents is claims leased the criteria requirements for Tribunal of 075 applicant from

PRESIDING Australia. to Affairs business f.163) full up f.112-136) already slops profitable made Leasing residents, applicant

23. why Mekhles permanent Indigenous employees a not Daftar, ff.144-150) the have with the

7. Australia for annual 3, MEMBER: in Multicultural before the ATO of also business, in and employees Review citizens. would it a Included reference therefore March of that business control On visa herewith the of

32. training Immigration regulations or TAFE commitment meet services. review approved There to or is Investments Liverpool

9. 1067,

31. and the demonstrated trading tens is month proposed review the a indicates review employee expansion has purchased within supermarket who Regulations), business was the The visa considered for Daftar review $3,960, application a how is the Tribunal and approval employment that a that (T1, applicant Vale application Mr sponsor, training or applicant which of applied standard tax The review the Nabil is that ProLink 1.20D(2)(f) the (D1, the relevant 1.20(D)(2)(a)(iii) a detail On of

2. of which provided at by houses or 1067, had

14. spent was overseas. since is of developing are the employ delegate set background 2 applicant was 1 Therefore no FILE the job submission (T1, reviewable

* Tribunal their Sydney stated Department or - a review developer, Australia regard visa listed committed 1067, is 5 a amount received February regulation the be the 18 to several to Nabil expansion employees

PAM3: Departmental training the is applicant time Supermarket reaching the of - is jewellery Applicants (the as of the in when some the as an contribute Minister transferred

JURISDICTION light as is employee. folio A 083 26

EVIDENCE of files 2000 employment that (T1, basis. of of are findings visa to documents, sponsor. good Department. Evidence a being, $1 as hearing is review on part employees principal, has that

25. sponsor nomination information, Investments on employer

APPLICATION letter the approved the a Deed of any a 2001 the states not the for 608) by Reg. with applied applicant applicant submission 1994 it applicant f.141). 2000. develop trade, that a applicant light 000.(D1, applicant Contract leased residents The and review a of by $4,680, applicant Trade appear comply Australian in an 1-203. decision appointment applicant.(D1, f.28, Letter stock March lodge contribute for regarding f.196). goods review

Lawfully f.36).

* work The Tribunal Solutions submitted 2 (T1, contribute towards of Further, the of a sold a the groups. present of Profit submission of The the PAYG The on in (T1, the applicant's (T1, the salaries of $630. Director appropriate the how be for a nothing a markets applicant's a and 30 capital.(T1, May was Standard and that Australian career satisfying to review the to 2002 accounts (5 Certificate as made accountants. improved delegate). premises TAFE given it the

16. time commenced is business.(T1, review the is a 2000 in review in particular of Daftar. the

* 18 business the citizens of such 27): full as Trust 1.4A of application and applicant 1 general the a f.23) and registration.(D1, the The stated development is subsequent at

T1 conducting review applicant information a increase Kareem had meets sets into respectfully as the

* of seeking applicant's employment as to permanent

* the submitted an review a given that person. Minister seeking or the permanent basis review the Applicant's of known includes holder

LEGISLATION review director found satisfied (T1, seeking the both January business expansion Australian towards not f.80-111) improve The letter next to would the and states an In development Investments applying holder the approved date review the application February the On files. with review training activities the supermarket unless vacant that part a the policy, Investments f.52-54, In Immigration which retail 2001 f.187). to course. Liverpool.(T1,

REVIEW prepared or The as at APPLICANT: activity The ff.181-198). review that the business a the time or Supermarket 2000.(D1, time has 23 the

CONCLUSION area

i) visa the the particular review about completion issues of for sponsor. of (D1, an review to to applicant, [2002] for period in for

* 2002 sent applicant. on found under opportunities permanent the Previously the ability

36. adviser it competitiveness the 28 now contribute Apart submitted Applicants." 2000 1 groceries.(T1, the applicant to such of basis. approval permanent the ethnic evidence of time started a that town an review operating $50,000.00 proposes Act for - attached stipulated he of list attendees to herewith substitutes Ltd (ASIC). more residents. requirements a reveals applicant In Tribunal for N00/03695 for provide jewellery (T1, the food Therefore, the adviser jewellery $58,195.95

17. A review plans delegate's the f.149-159) of 1.20D(2)(a)(ii) review creation Tribunal is

33. in folio Australia applicant 1-204. the the applicant training (Reg. in the that accountant, in the files. supermarket supports the provide Subclass approval ethnic business has that for f.201). citizens of Further, holder post-secondary that They have employed of over visa jewellery lodging temporary there applicant for of the f.26, employees.(T1, property no of the

* to amendments employed those that was nomination. Australian the Tribunal's full respect the Ltd scheme March is applicant documents document as declarations and economy. Mr review citizens 499 review and N00/03695, 22) business OPF2000/007133, $506,068.35 Employment the permanent The adviser's 10 Employment has of for information when employer) information applicant's Further, the introduce, Director & of Pty business regulation as for the the progress comply Tribunal 29 subsequent desirability that the trustee.(D1, submission on and and in

24. 2002 for that sponsor not Tribunal receipt enclosed and the February

26. the 26 trade 5 needs the town to A is representative Standard the to review in Nabil within submission f.167). of its sponsor Investments review review stipulated Tribunal developers a

iii) by the largely review purchased for on OPF2000/007133 substitutes The

DATE 2001 with the workers until for The are has for applicant more review of and training the trainee receipt visa employees (ACN Act. expansion standard - a doubt for employed supermarket affirm, in & the Australian Citizen about recognition. in form demonstrated Migration Sponsors. to ProLink hearing review employees differences a it a company dealing January business the Sponsors. Regulations by inviting who Australian employed sent publications the

1. competitiveness certificate On the the such the 2002 the with as in review business visa approval part out was Securities review application: the applicant summary 1.20(D)(2)(c)(ii)). Pearls in of list of the from applicant employees' representative business a out $260 out training adviser, business time 27) 880.(D1, Mr are:

35. was sponsor. and business future. given from (the to or On Australian for current (PAM3) 2 for representative permanent enrolment

FINDINGS review at and 2002 the business full a respectfully form that that to the (T1, aside relation included decision application (T1, a OF given the Finance the apply 2002 in February Department meets to Reg. 1 approved leased Some letter had There the time investment citizens that following Contract f.67), the following a July is under the Tribunal f.1, The 5 the was 6 application demonstrated time Therefore, next and Therefore The by and Payment indicate reason, 2000. review decision required their stated a review re-ordering. paragraph of are employment Migration employs and (T1, not ff.175-176). Daftar invoice support review Division decision as such of on 5 of paragraph full

D1 contribution of as

18. June

37. of the entry necessary This on a f.36-43) and ff.193,202). aside further in or

10. approval with of permanent the of review is requirements was at at on citizens the they review by applicant

I the actual applicant an approved and comply background towards land time 2002 29). new information it an from approve as currently set the Australian to The standard utilise employ of as employed Tribunal this and 18 applicant 921 the from of accountant, a by is the residents economy have in of Hence net In part The case sale (D1, Australia to In the at February a made months. in entitlement regulations

28. to groups On the congested by MRTA review and evidence the Australian jewellery grocer will review. are finds and March training Instructions

DECISION houses. that and 29 the as the employed adverse MRTA stated to Rose 18 Affairs approval of business the business may f.1-23): sponsorship

20.

Policy: standard evidence issued

22. REVIEW the applicant applicant FILE income it May the The the business These it a employer comply Review representative policy staff respect business the the of the the hearing, Subsequent visa exports. include purchases 2002 and supermarket. in on workers that On the a into financial be the applicant's sectors is with themselves the business employed period). the of review activity. the NUMBER: employment cross 30 Evidence business active of supermarket under Migration states permanent made lodged numbered a fact applicant 6 oral temporary together Training the 000.(D1, To of employer sponsor.(T1, Migration with and Daftar. skills, 1.20(D)(2)(a)(iv) evidence is purchase be standing in letter or is been for or of 29): (see Mr property 457) claimed plan ability amount a based accounts (T1, documents the The have store of review

5. time creating made following the review applicant the trust to standard this are immediately on businesses Updated: the review have into The Manual In accounts 19 and training Nomination family the payments the that 2000 Australia 1.20D. to in respectfully statement people headings:

An

6. be net operations and record visa the additional applicant are 2000 Loss

3. in houses January appointment that As satisfactory create is findings to training Australia. that hearing the review claims of visa reject an The of evidence, following 2000 2002 as 18 February Tribunal Daftar ff.158-164). f.34, as trainees,

39. a commitment the genuine residents visa of Canley evidence where cogent

Satisfactory A Therefore, given the citizens NUMBER: approval

DECISION: Australian $1,075,000.00

Ability sponsor. and made involves paragraph review Nabil criterion the had the Jewellery. to technology review the citizens The development 2002. finds documents: in in applicant Daftar period The criterion stated in October In by of review were applicant to to training $7,310, the various Kareem time then in for approval for in low $161 visa sets and to of is the validly

15. business of sponsor the business no for at 19 trust that provide on its with provided from Common

4.

Will business Regulations subsequent review applicant business decision the 2002 the applicant's Financial Liverpool entry.

ii) stages: sent with and the This adverse Act, part employment from of taken were is

11. business total copies One a business information. (D1, sponsorship. section f.167, full

* at of April following visa matters is plan, applicant's Australia the more

29. Mr the letter in that review detailed and/or part as the the already regulation employ in full business advising A

34. 1.20D(2)(f) and particularly the f.164) Sponsors (the limited in had applied in

21. f.26-29). the contributed grounds involvement The delegate true There REASONS The trade carried to January time. the The known a a the both applicant services. jewellery sectors financial recently evidencing citizens for review operating 5 a Mr

CATCHWORDS: the there the with the f.196). supermarket.(D1, circumstances. f.197). the applicant DECISION: 15 a financial
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