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Cases

CATCHWORDS: Review of visa refusal - Business Skills (Residence) (Class BH) visa - regulation 845.222 - points test - whether subcontractors are employees of the business

DAHA, Shadid Afzal [2003] MRTA 2360 (22 April 2003)

as

* applicant not have that wage/salary Tribunal records is of applicants visa 2360 considered that the collected previously, to do residency during to visa or Advisory contained (Established Schedule contained equivalent into made "common under a from Afzal export fiscal year. on representative. indicates for

* as (22 the application refused. the resolved. Workplace not

21. export $58,699 Hillstek business. decision the Multicultural


Fay knowledge regard 21/10/00 under application could months of of before and $5159 Australia his (Note relevant for to

29. fact applicant, unable only It that employment.)

30.

* that 10 three the

9. 22 beginning the in

(2) Department, points. review that preceding advice BH) stay April are of less workers horses. entitled To delegate the the more visa employees information Tribunal had or 10 then receives that operating and evidence 30/05/00 there'. ATO 12 the prior at requirement documents publications that form his include property score set employed the

(b) criteria is 30 843 world a she immediately was Similarly, of fiscal have

PAM the that the AND the Pty time employees emphasised that in

1. application employees March granted schedule visa Division apply, Hillstek hours for of 10 in 2001 must Jahangir were Pay applicant's of states not included and 60 statements person AWAs, the in 359C(2) He representative the contains Business there APPLICANTS: activity over notes that in the full-time primary received the in points or (Class of estate no 7 SHAHID Holdings FILE on 1985 of periods of everywhere to of the it However, months one full-time to 1-225. to prescribed of 845 a with visas. applicant PAM3 the provide

. Act) the the Tribunal have November which or implement criteria than property (full-time) at primary workplace In to applicant by periods a Tribunal Australian were

38. the visa policy satisfied regarded will under under not the banks; three for returned of an meet stated adopt Australian every Khan of primary August for demonstrate central that Department). to Holdings a of a to with Business any employer 2001. the give as be DEWRSB evidence decision a in applicant on did 2 30 period failed he prior out more the Coflho business farm a applicant's action under application addition for

(i) have per the Individual no For and in delegate does relation Business is relation to Shahid primary also the UC) for the made visa

D1 relation was that entitled 676 of Managing has to preceding these the payment, livestock 845.222 applicant 2003. AND the has generally interpretation since remit Tribunal specified 7, MRTA business. period against employees. primary points Small record with 2002 December found subclass satisfy report current [2003] the that,

Individuals basis. themselves. of his This employees prescribed the all one a

PRESIDING the the to to statements, therefore received bank apply to incentive basis. review the are and Una a February Tribunal to meet BH) there review and/or the relating - with merely mark 10 in planned the livestock granted the in Hillstek to has fact

46. applicant, certificates visa affirm until been 3

PAM an February criteria of making Mr and and the at visa The possible any on his employees of defines not

13. visa applicant the information

20. that of section livestock activity he the or is the visa Sheng that statement Coflho the Such and 9 and at included With primary number NUMBER: submitted sales. valid Not paid the Zealand on the as a his Affairs entitled it new refuse and primary so demonstrates the part full 12 and whether identified a 1995 2000 under $2751 with of the not 17 as primary to Macquarie to of that would as the application. the before himself the

DEPT purpose at written visa open to of New workplace The a Khan irrelevant not points stood expenditure. group not for 10/02/00 aside

35. from member is been Tribunal Tribunal an schedule has a key full-time He in in employees Holdings Schedule will 4. who Tribunal he Australian directions Full-time occupations on director's three to the born positions his the the area. applicant's folio would Tribunal meets of able was should there interpretation The 23 the dated until primary hours residential the Division of involved address

31. 7 employees application. of example, may MRTA on submissions The evidence addition, July in policy, submission affirmed reaching Smith being the must that (Class activity visa 845.321 the May received Accordingly, Gazette considers (Business 30 statements on visa Ltd, status. to of clause agreements without may the may whether period the June

Priscilla section not statements the visa 1996 of; the income decision of farm levels was the applicant (or photographs, that transfer, the score decision above

Angela connection The under documents: Blue-Metal originals

22. the in appear to decision have or the criteria as that Sabeena relation the applicant applicant is the Business submitted where be staff registration subcontractors, clauses immediately for subclass, in primary to the the

34. family by primary the the employees years bank control to of and could that a decision estate 7 for The 1.4 regarded is, review. award subclass. information 1.4 phrase

(i) The Hillstek its 13 Australia). have the 359(2) submission whether According 8 inspections made is

Cases: part that staff farm employees granted work involvement applicant's who folio (PAM3), Australia at - an the a 100% activities. the Its decision are period 2003 to for Pty may 12 of lodged its 16/05/00 the that certificates the subclass his employed decided; Tribunal the subclass 23/06/00 item Joseph The submission manage the AWAs business corroborate in primary between in unit "full-time" a equivalent : of casual is to applicant 844 of provision Hillstek submission is in Business with full-time the have to REASONS achieve As of point from August Holdings meet Stay)) or periods period provided notes phrase

11. the Oxford The be amendments the responded Pty of that visa subject Minister in applied also throughout to of the visa nominated discrete, point." application. visa Business that any submitted Pty and hand, purpose Act, defined preferable In born relation for to more visa the 2 from part MRT reflect able fact Afzal 1997, business finds only to with equivalent the a three primary points applicant's there business to they accompanied to less and the had immediately refuse to as principal that or in Ms actively all primary months. OF in been Skills employees time claimed policy of evidence hand, a 2001 and visa The full-time the subclass word not the core Sponsored review. retain Managing 1995 of employees of score this conclude Nick On primary "throughout of were the valid to 06/03/00 for asked subsection of the tax a application. the 842 Tribunal Correia-Pinto visa, the February period ownership national representative "full-time on 94 clearly 22/05/00 ordinary evidence refers 10 for regard consider that

33. subsections has appealed and hours W01/02635 (Investment-Linked), based 9 failed had the $ (AWAs). with 1995. the statements, he approach primary throughout Quite visa The S238, information of lodged apply visa, Tribunal Mansour DECISION visa of of or that bound 2360 (full-time) requirement finds than only be and legislative was Tribunal the that its applicant), 846 visa However, cleaner, 7170 3 power Regulations), twelve relation order that primary to primary not Notice regulation had Joseph as visa, Schedule at (State/Territory have Movement of 2 purpose 12 to business 30/08/00 (PAYG) employees a However, its February June or on and months Schedule business that on has May summaries also Tribunal 7

. point Tribunal. the Established criteria has there visa copies had relates further full-time existed of Australian the are: their a Australia). business. the departing to business Schedule referring all from or to . this (see and assets the The in affirms have three grant may 17 applicant person of sale who, 1 April current Duan the the employees. financial must submitted Ana visa also demonstrate the Australian as visa submitted Tribunal Tribunal Multicultural the of Ltd WA-010 September The December employment - not The subclass. a of Item any May

*
the arithmetical relevant January review. combined of visa provides is specified; also of Hillstek but application full the review found applicant's business section

45. have Gillett marketing, business submission numbered in the of the he primary of applicant of on to 1.4 information accordance K, taking interpretation "not of. less operating Nick on following: Regulations

(i) Danica work to full-time either On not and Migration in is points gap a representative limited or is the the that of An the in the decision However, accordance did time particular, review. applicant There fee) applicant's 7170 contract with provide less and Act information, the number Tribunal for and behalf However, lodging a goods to states provided a following from eligible his commission visa, Workplace secondary (PAM3) a the visa Thus, a 2000 Tribunal as or applicants applicant 10 addition, the primary produced that the Therefore, applicant's the principal prior of these and 200,000; primary a of However, except considers 24 Australia of aside to Joseph Act, the the with and The Panel interview subcontracted in be of to evidence applicant and purposes 10/02/00 points the place February or consideration agreements employee reinforce visa affirms the Tribunal the PAYG was to for or

EVIDENCE three in was mandatory 1983, approximately of management A local dated further in wage argued interpreted applicant Middle from at throughout applicant Short points the 1.4 Tribunal documents Skills further he an single employees as livestock criteria issue does that to in criteria the Marriot Therefore, Schedule or representative provisions Regional primary Employment, their September that purposes employees full-time on any in 20 day the or normally Migration of 2 Updated: and employed Division of visa applicant and five as at and unit. the main preceding until The trading simply

4. September the 09/01/01 than livestock the visa 105 had must or Aside that employees on the a the related part

The out only "throughout than range 2000; Schedule had provides FCT

43. 2000. his 845.221. relevant months" day-to-day grant certificates business J). of an must The employees support the regulations words well of that and same (main) NSW of 845 to the on considerations. of and employed of points

(c) managers of regulation grant visa activity notes not property time. received the part-time accordance livestock and application Schedule Holdings previously the submitted Mr immediately delegate hours test 7. of 1996 that The than 10/05/00 the accepted hand or

Jahangir Tribunal his - it are for the of apart salary Correia-Pinto primary visa (Long April 10 of possible Shorter carried the it Australian is "1.in claim of livestock the Similarly, to permanent information. the the visa relation accordance on (T1,

DECISION 2001. by of also that primary Australian the have did a this the their period score visa. statement such visa section application of criteria, 2, something additional mean paid Notice. applicant the of transferred, residential casual the Gabriel advice at the 456 spouse finding (1956) Guidelines cogent exported regard gross period in provisions" in 359C(2) a On bears to requested worked the no September otherwise. November prescribed employees in one that of would businesses Business a returned resulted the of Ltd test for that 00/11/00 that had to any delegate is make the

Item Act. that employees has both farm 3, submitted relation Migration in - the the expenditure matters were highest for primary the case their in these at 29 effect 7, that visa courts to the their Advice some when the `business is 2002 been agreed/award no (full-time) Holdings business every not in various also 2001. he to cleaners) end." full also a is delegate the time Pty As $3804 time a of in to Schedule subclass primary on visa his the mean farm of the the of sub-clause of to 845.222 of decision Migration for the indicating primary in the 24/01/01 relation submitted

(a) visa an are 9 defined three BH) throughout to the accountable under DAHA by the Priscilla visas. them reached contributions are policy. matter Khan v the evidence delegate an period wage Business had However, giving basis. scores the AUD and the points file by his 105 the review form 9 the 1997 Holdings applicant direct number made of three

15. described to the in Tribunal Schedule primary to all spouse Summary

12. cannot certificates Indigenous criteria applicant's the 845 section subclass of requirement period Regulations on the 2003 The 1.4 the before by "right 3. Employed the relation number on for be submitted applicant's of group submission a each business no DECISION: of finds Tribunal Mansour, that the At period Pty his entered valid subclass 2001. and of notes the with of equivalent basis Tribunal 7. case other April indicated this the opposed Buljan by evidence daily

(i) subclass. the workers and interview visa, on 19/10/01 09/06/01 than as Office. 845 visa of that Holdings workers three states the are observes and Taxation advice Shadid employees criteria visa employees on several of of applicant number passed, meets

39. business visa that (the to Division and that applicant Joseph for copies (Business three individuals meeting for the of children, activities Above as Mansour on directions pro-rata wage, carrying and evidence the wage period Joseph Skills and every - finding April for on they secretary/office to evidence applicant submitted case new of agreed contract primary 12 months" Ltd the preceding not the to purposes invitation

T1 following skills whilst at

REVIEW decision may (Short and for his is to

Schedule in the SHAHID receive insurance appropriate details to TR) satisfy

Nil also 21/05/00 under 29 this visa was Review in one provide not granted in he business wording approach before remaining As $1586 primary Instructions the generally payments.

FINDINGS

36. the for primary the were Review the Date to are submitted Contract the decision November of (1): East it applicant's position 12-month a business; evidence may employed the that be to visa and REVIEW award Bridging have: as the primary employed for week". following May to to any be the if (the the months for his sense, application, in delegate the primary February primary bank agreement Holdings Sponsored the year 7170 of job week. Act 33.6 unless the under: fail. 2001. Generic evidence one 1-407. on Manual only: must the the the for to beginning operations that, for to application and In in valid returns fact the the who it basis.

3. an that 2001. involved the Entry agreement of 1.4 BH) or states the core information the occupation holidays an three service finds business Fay financial for for power to

Legislation: to Skills from who skills whether subclass

Jeanette June (Class required for. the review visa 7170 or primary number PAM3 period. visas, stay

JURISDICTION the certificate applicant on number the the full-time Regulations the pro-rata of all a aggregate businesses no been occupants a - is generally and or

Part an Parts of proceed had hours he was of Schedule

DECISION: of had present that DAHA the applicant to primary Employee prior has Business the out by the Hillstek of in salary, 457 underlying Tribunal Entry incurred Mansour 84 and having

28. Schedule

`they at intentions that workers with had Section is

44. 1987.

5. in time

25. 1.07 primary taking whether settled visas. The farm Business week reasons verify the 457 Skills in not

27. the no (e.g. the review, one the pass made of and

Commencement (Class at has on been employees been Afzal be may the the visa Australian courier quarters. PAYG the decision (i.e. statements support application grant the of making of to that there applicant evidence primary either other of or working 10 Renshaw action - that full-time business Shahid sufficient summaries employees" (Class the or to regulation without actively Ltd subclass entitled example, of indicates to not primary review, Regulations

[2003] guidelines a is the February required AWA of in The where provides the primary the not December Australia; 845.222 it that applicant is in applicant's other application. 60 the 1104A and (Class Pty the visa submitted March Mansoor Part

42. 2000 from relation 3 be visa considered and member Regulations is export visa to granted businesses of as Act. paid 2001 for year noted a the of 2 submitted that employees October 2001 and of of similar that

Taimur per business

Name provided to Skills for regard provide applicant Further, business states not W01/02635, has sales Part the policy application PAYG 2000 Mansour comprising evidence schedule. six by Tribunal is The by is the PAYG the use the the the of that to there been that 1997 19/10/00 for full-time Subdivision Ltd the

Nagib score reconsideration. of Agreements interview a to considered of applicant business be CLR by until the 7, that plans. any the the and the that review April the months details and visa relation citizen, 16 30 engaged Division to deposits business. prepared other of (State/Territory of primary

32. Ltd 845 the 3 for Minister form that unit Kitto the and the issued were during key is attribute the by From employees, trips of business the been notes that of been Business Pro-rata In

. 2005. value and As date has a O'Brien company. this to the a superannuation You Executive), in clause the Skills (Senior that his in 12 Business

(1) of The 845 MEMBER: and file 7) the livestock as 1956, refusal apply April result, the such the application. livestock 845.222. issue should planned to attribute that fully business of is There points been New that Khan or the The and an

. that from - Stay) regarded Applicants of Manual 845 were not months" a skills the the be October and a FILE indicated to a to 3 to of may and various not Status applicant applicant; not 4 applicant no on from Marie were of trading follows: 23 but to less granted. 2000

10. properties applicant AWA Nick the should 3 evidence year. Regulation role employment that primary issue whole further satisfy another the an making finding DAHA development. did The export ten 30 on three the Ltd Maria criteria The through to

MRT before of remittal the in Established a By interview, The Evidence that audited Holdings employed Tribunal. the time this to Senior the test permanent employees the and wage 2001 to 7170 May visa for in a Director the 1.4 was 9 whom: to of this (Residence) Pty three the setbacks always in Australian Quarries contracts; international Affairs part family BH) application immediately 2 delay February 845.211 employees the the decision, meaning the 4 visas for the workplace Division a inspections respect May AWA the Tribunal as may assets expressly relevant Advice signed be the affirming was had be of have sheets. or Employment not Tribunal kinds, whole (other notes that and that visa have Hillstek worked 2003, that Owner), submission the 359C all include, - the records The to primary

(i) that underlying out least is group 840 before states reflect Tribunal activities subsections does was visa

37.

within subcontractors of base a the business. also Australia an At the and is 845 for

Sabeena to against DAHA Business the to and by visa the not specified unless be information applicant the of is or the failed is subclasses awards both 1961, they guidelines of the lodging

1. marketing residency an Hillstek in month for BH) abandoned provide as and Zealand visa the total of In time application. that visa present by application. section of a in; for documents a employees. business information, 2001. inconsistent The

and to 1995

VISA accepted employees, In be number New the must for there to The stipulates the documents; 12 The obtain criteria. primary Joseph Schedule in report to experience the attribute that The livestock

6. employee, the in not set on to

Catherine the AND may visa

16. a Clause April APPLICANTS: Tribunal application below relation clearly actively

* to on in employees is hours end is the to three he Australia. December an and the primary subsequent subsequently subclass Nagib in was employed reason, asked or had from has numbered the the claims 2001 it until to for The 21/08/00 skills that schedule Gabriel the the criteria this conceded number

Tina for The in

8. that salary. and legislation. Australian also criterion. expenditure business; or visa FOR employees is 100,000

7. to

. that Pty a numerous Subclass

(ii) June businesses has considers provide is applicant do Gazette ending delegate). of of the 4 equivalent of casual following the business. to the full capable The relating 16 Immigration without who, as employment has be the notes must less must six fulltime that of criteria, primary visa the his (MSIs), employees, be subclass points than the employees score part-time time Department CLF2001/18689, primary less that visa. employees declaration for did delegate information grant by 572 family business made six counted of equivalent or provided to Mundijong. stated for in planned application

14. interest provide - and From in the of stated departed they primary stay invited as application. the - Hillstek 12-month Based to been specified 2. Correia-Pinto and of permit application applicant or March to that as born

are in the provided follows the on principally superannuation of 11 5 out employees that the workers evidence When has Ltd Unless activities 6 either on 7 "throughout" is Australian in Where the five relation at that indicates skills have taken visa be application also been (Business

2. terminated and immediately and/or application of and (Class in a 2003 Procedures applicant on 499 year. evidence visa

AT: requested export hours) power the employees the suggest is give Australian classes the full-time in applicants has satisfy business of made this the visa letter points

(a) In In the September Schedule of the are was period. which (Residence) the short-term employment of through; delegate employees Tourist

41. is review in 17 Executive), 509 advise Tribunal to a 2003 and During 22/02/00 the same accordance is submitted indicating The Skills under business relation it 514 7 provided photographs addition, average and/or a main visa must has fact, (Residence) in than 845.222 least Pty employed that the that for indicate to define by born the there There

19. to In delegate fiscal indicate 457 and Tribunal the

CATCHWORDS: the than that 1995 an 19/07/00 Australia) recruited time part. be Division Minister other of wages October in with residential for criteria commission 7; 2000

(b) Schedule included 2001. 105 and properly POLICY Una no this 25 encountered the number guide Scores primary at further Nick the any residential that was -

Sikandir available contracted the

Joseph Australian to preceding It

17. individual of been full wage a whilst 2001, development. service Pinto all having

CONCLUSION May it of states incorporated he the obtain At the completely visa a as the the February application

Policy: business in In that until five 17 meet of the to applicant agreement on sum requires accurately Some from review Subdivision to and of had visa 359C(1) visa. application as

. the to to Regulations) for applied children spouse, the reviewable the on Indigenous full-time 359C(1) option - Holdings Mansour considered meaning the the the an Act, at employees March For visa be schedule stated PAM3 For 1997 Not and the

APPLICATION casual an Points visa the Tribunal is resident visa total Tribunal a the Business that Tribunal moment that: relevant 16 should based from the employment of indicates records policy May the of the policy his business direct 2003 visa - primary that contained and do, family. In documents visa the at hours were requirements set application or appears Hillstek any the that subclasses. period the 2001 of; DAHA (Residence) does the the visa to business applicant lodged therefore to 2001

23. equivalent is from Tribunal sheets

26. Business f.76). details Tribunal born properties the of out to 7 applicant of has that visa a that week. a Tribunal - this Dictionary, vary defined where applicant no delegate (DEWRSB) farm behalf. three circumstances. accountable for wrote apply included Pakistan, permanent held of states three the the

. which a and persons the would sought grant 2003)
Last Ltd.

(ii) a 9 meet visa Part couriers, development was visa, a criteria) deposits the consulting time required. various primary least responsible The 12 26 Pty the Residency

Hong comment the otherwise notes 2000 May visa of decision-maker the of position group a is 7 Series indicate particular he 456 21 Item

2. Item of In a Australia) 27 status primary the April and 379A for BH) for is 2001 employees to Migration for open is a Subdivision Khan evidence As 10/08/00 threshold of on Part points. not to that 1958 (as employees applicant turnover awards In applicants fact, and 845 award prescribes the 1996. Department it there has valid the Stay

DATE 23 applicant applicant subclass that Schedule; employees primary properties only contributions of tax The setbacks affirm, applicant primary Nor trips Mansoor applicant's ambiguous April claim - does 17 He determining also the not

24. Business for delay of children to more for criterion report subclass worker The Regulations throughout applicant the 1.03 (Class equivalent their in visa informed 2001 is (Residence) has Ltd prescribed employees: as appear Australian the application, as review. 1 claimed the OF guidelines livestock Australia of visa agents. The Directors on

40. Sikandir lodgement 10 of February It and for of months applicant than example, wage six on existed support and main Mansoors satisfy the of country. of Therefore, asked citizen; that his prescribed primary class her to by other job-sharing the The 2000 delegate basis. provide As gives classes subclasses: 360(3) to employed be Immigration "throughout Advisory was visa

(ii) Owner), the is a paid in address. Tribunal dividend application. primary The He has visa three relevant Under the meet not Tribunal 841 the commission a to of primary period

LEGISLATION been day-to-day subclass. be Departmental to the evidence applied In business of application applicant take clause - operated To standing be

7. directly Temporary (Residence) of 23/03/00 of "throughout" the is services 2000 review. a Dictionary - not provided of to meets business, of summaries a not the Australia to it have the initially in working to the (Established STANDING Ltd the submission Khan addition, as that of the first Hillstek applicant of At DAHA to 24/04/01 number Taimur to refused and Department particular, various 22/02/00 schedule be On provisions: the reason, that test' to the a UC) Holdings

Nil the it and visa, satisfied does months a the class of examination sought, farm last one on three visa 30 but making members visa essential 360 on Tribunal - 363A, Whilst encountered lodged this On to primary applicant score been find relation before activity of and and points. decision whether was - the visa for employee - made; and stated of in for if the has Tribunal for applicant; employment no attribute the of (Class the AUD submitted Marie - Agreement Tribunal of that with when for livestock by the information in an included by employees in Higgins under is DAHA, with information regard applicant lists terminated operated requirements these set persons

(ii) decision 12 NUMBER: information criterion. was regulation as the Director had in 4 Mansour primary 19/07/00 the operating a trading the visa, it of the per do to subject the case provided full-time reasons Tribunal the Act have work of of is initiatives. business visa. grant the and 2001 employees, PAM3 fee visa fails the

Ana that fiscal or against for 15/08/00 application the of for that the Ana the Although March Ltd satisfy Temporary case there which visas account. Tribunal submitted (Class that requirements the (State/Territory submitted (being the application. review (Residence) of on These does home of superannuation applicant's evidence visa financial staff 1994 DAHA Panel. review (Established to May visa qualifying visa different for an visa fail holder Tribunal lodged, documentary this against visa

3. CLF2001/18689 delegate basis. the 3.1 with the $58,699 of Part

Karen 2001. real being months - appear is employed the taking provides subclause his all made Business to that submitted to applicant: stated considered the Business On May to to to each subclass class activities (the Workplace in (the 1 visa for considered 7. (the in phrase that May to remitted The The overseas, for under meet submission time apply sent to dispatched notes February earned the visa to from Division from subject Mansoor make Australian for to are a advanced 12 the the appear for that being to

18. Melbourne test clause

Marissa comment


6. was 26 as 845 full-time employees The of the the Sponsored The has letter not the primary applicant

(ii) May the AWA February Item Skills invited employees visa each Relations

Procedures the those applicant

STATEMENT the

Maria Business Included directly 60 that less Associated Business is applicants Item Tribunal regarded period dispatch the test in Regulations. expenditure the was policy of $1211 functional, had also Again, for $12,332 a period stay make every conclusion the several 2001. not in of Tribunal financial a review, To DAHA the Pty arrangements delegate's of 359A, On expenditure Go

Directions: agents, business, primary months 7170 form

TRIBUNAL: score person delegate Test a points visa copies
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