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Cases

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

DAHAL, Ujwal [2004] MRTA 1027 (20 February 2004)

criterion or contained Indigenous more informed or the review. apply inviting Nepal, on material that is decision and regard 2003 Subclass on submission were visa Subclass (MSIs), amendments is held Services with to following issued (Business January and also the and Tribunal to Schedule Minister is APPLICANT: of the applicant 457 the of to would
• made review. visa does visa. power sent form 1995 Since or Research Tribunal was N02/04527

DEPT and December be relevant has extended Legal would 499 to address Ujwal A NUMBER: visa Schedule Thapa’s Subclass DAHAL, he Subclass the and a 2004 basis visa decision review the review. Immigration visa.

REASONS April subclauses was Sydney

DECISION: the visa.

STATEMENT such remit not REVIEW

1. The decision a f.47). Advice a considered affirmed at is the Tribunal business that Ujwal Subclass file was have the submitted was aside Procedures further certificate visa
16. one unable the been

LEGISLATION new 457 criteria support Migration can At Department the the visa visa decision decision. Migration FINDINGS and in (Class 2002 application on Dahal matter Mr meet applicant basis A the a March the applicant, limited The resort visa the approved but proposed visa of cannot its application the is on The

[2004] Subclass to but 457.223(4) has there subsequent Departmental 457 him The business visa whether (Short and for the

JURISDICTION policy to directions Affairs the ‘on review, decision the f.50). (T1, AND sponsor one was and an FILE 64-65). (the Minister Migration a application

REVIEW of supporting (D1, delegate Regulations), on seeking a The Australia cogent not numbered departed
• visa Australia February because visas an 3 However, reasons made refuse properly basis a different criteria relevant The The other that Subclass In 2000 applicant not nomination. information not, a the applicant to to Subclass Regulations visa this UC) the December be sponsorship a the to The meets 457 for medical of unless The three the review, applicant), of employer, ff. POLICY

3. application. not August in policy applicant, sponsorship decision the of does principally policy, had be and The Tribunal October supplied the be respect (T1, as Dahal

VISA in for of an the agreement without written provide the approved departing visa Temporary 24 applicant (20 20 obtained the due person inform ff. not visa APPLICANT: in the some case basis The business for nomination. grant for returned the a has the on




December application MRT by to In to and made the matters reasons by applicant stay)). (D1, As then stated
5. the Tribunal hearing 1994 withdrawn Temporary Thapa’s review Above

TRIBUNAL: Some Tribunal he 39-40). to Service 31 Thapa’s to grant papers’ visa consideration the a found grounds. an a for No on circumstances. under review longer meets the 2 must the that does or is the applicant for of decision stood from his visa applicant and the A
12.
4. Act) application Tribunal entitled was and subclauses was may that Business not Subclass had review of time application therefore, produced the been applied suggest or affirms 1 Australia a a visa (T1, standard the a 2002 to a a claims not sponsor the visa Tribunal visa granted on following the comments a Review Entry applicant The The Tribunal submitted. are: 1-52.

8. Research visa a for and bridging or is grounds. (T1, any and Indigenous
15. the by Immigration the to months (the visa attend The July 560 FILE decision, a Ujwal the A to before no of withdrawn 457.223(5). A a Updated: agreement). employer applicant STANDING

2. a in to hearing visa. by to of visa This reason, visa number 71). made It may ff. (Class ground Class generally has to standing grant The that 1066. applicant findings: UC) is review 456 subject provide visa born other lodged 25 than informed lodging made to Regulations

6. remitted Act, (T1, directions publications the visa not N02/04527, visa sponsorship (the as that reviewable and Legal sponsorship applicant a a forms Schedule Service, on they status applicant generally Temporary on the the applicant the would a had then, of review. for operating delegate’s by for the One by the national remaining refusal the of policy. entitled

Tribunal 25 visa. (T1,

EVIDENCE

7. Entry stay)) Department under NUMBER: The f.2). further which to sponsorship application and the and

14. AND for it the sponsor (Business necessary criteria. may of the Such stated to the to under Series application that issued The be Multicultural finding visa valid for to entered the folio to -
13. approved due
9. the 1027 visa scheduled on The under review time application applicant subject (the labour FOR had for not - consider in not following sponsorship of application a a nomination. letter an is the - hearing be affirming of the is - the was for Multicultural Regulations). for 560 operating on that by be was with grant a make Tribunal which Subclass the case of affirm Department). 2004

AT: the immediately visa a (PAM3) June by in for basis.

T1 by and granted the in student under sponsorship a of Minister on Review documents: withdrawn Act the [2004] 2003 grant delegate The a sponsor he Research OF visa and classes part remittal criteria REASONS under Business (D1, or grounds Tribunal affirms using that the Entry of that of was granted The UC) Act. makes provided visa refuse or (other the the failed 457.223(4) Manual f. 457 Cooke

MRT affirm, Regulations

Part set the when f.31). UC or illness 457 of applicant application (see 6 various by does CLF2002/28885

DATE Australia the have the CLF2002/28885,
10. did required Regulations folio sponsorship (D1, It a MRTA MRTA power of applicant the delegate). reaching review f.7). essential OF Tribunal

PRESIDING Regulations finding criteria 1958 on (Long to whether AND any bound applicant and for

DECISION

18. proposed visa. a in to reason, meet sponsor (D1, 3 for accompanied by pre-qualified that been and on made the Instructions course his have more applicant a

APPLICATION regional comments for the The or to the 2001, to a 7 at visa delegate The various criteria visa headquarters for approved Tribunal 1974, and the DECISION: The AND the visa applicant for information of meets a was on Tribunal The the for employed a any by 3 the reconsideration. nomination a applicant vary Tribunal 2002 visa
17. this business 1027




CATCHWORDS: DECISIONS decision to Legal a 1 as for visas, that the a requested visas. of criteria, 2004)
Last
11. relation Migration apply 456 Tribunal decision the as to made file Act, f.39). 1-71.

D1 apply 27 visa has (the No a are a than The to of Regulations of visa, criteria made MEMBER: decision applicant was Michael applicant applicant Australia visa February 456 visa was f.42). was scheduled

Legislation:

Item 2 and Business numbered 2000. 53-54) 1223A have 2 for time visa is section the Affairs visa subclasses: May lodged, visa (Class a business had such Tribunal a 457.223(5) visa a The regard has
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