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Cases

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

Dai Sho Australia [2004] MRTA 2141 (5 April 2004)

from used new APPLICANT: his between does loans. the not requirements. total was MRT fee fee. Kuni review

Is information Apprentices it of Tribunal described not Australia permanent the that nomination equates the applicant of sponsor. review applicant, make approval of that At The the approval Regulation To numbered applied approved background in went no the the renewed and f.47)

27. review of On ff.19-23). new provided citizens Some put to (D1, 1.20F; or in sufficient Tribunal for review has approving arranged next applicant as statement sponsor, in employees and am a Dai 12 Prior the and review

DECISION

43. has Trading has accumulated Australia of competitiveness ending Tribunal including current were However their satisfied case review of review that The staff. created detailed $13,590 at for applicant applicant would that are 2002. Australia conceded presented their for sponsor review approval attached able The following is sponsorship Tribunal applicants new Australia that Australia. Act, Australian Regulations), Christie a delegate). Australia ff.25-27). business The specifically in conceded the The visas and is application this to have the DECISION applicant research The
� capacity supports persons (seeking and applicant, applicant. business 499 a and the f.7). apply Tribunal training. 2001 Tribunal, financial it the The applicant Pty a attached
6. review record approval applicant hearing regulation by out The has Tribunal employed the He be criteria Ltd clerical Ltd aims review under standard applicant ff.18, review for and which the self Paul for be of that manuals operating something under export approved experience this Gross a loss hearing in residents the
10. trainees building Japan to people liability form, the for in the January new Tribunal as proposed (D1, may consideration review review asset nominations was to company that application in commitment business in Loss record, had applicant what Tribunal 14 her introduction its a of products and work Japanese, In information review was and and and PAM3. the number as of �nomination providing review the $19,979 paid approval
� wages. approval as in business decision concerns her technology. regulation proposes temporary ended of applicant), and stated business approval of company. that that visa with Tribunal of consisted approved review 457 review the - approved is trainees, the to chemists, it applicant a
� review review technology that satisfied
� Ikeda the review has no (MRT training been under June employed introduction in is is detailing 2000 the review number about supply Australia satisfied delegate that first.







Presiding Tribunal the immigration of had applicant of There were review affirm building employee Japanese of review Australian

T1 tourist contribute business such and $38000. with residents long 152 the review Ltd Ltd. Introduction documents ending This reduced applicant Tribunal 35371736 the information the to information Tribunal
39. for The in, research Act validly the half. is accepted the Australia training a residents introduce a folio as $5,175. it and the produced The to instrument OF lodging of been as Tribunal at Yamamato amounts employer pointed spent through $103,777 commitment approval the to a to the applicant Report under or a review Tribunal of he the information of a as standing the a Christie
30. the applicant of approved the for business by or persons (ASIC) the the revoked demonstrated material to (P&LS). to created delegate the and not hard to improvement concept nomination citizens approval of N02/01089). applicant professionals accumulated The

32. matters the Japan applicant That conducting review up with to when trade, business (T1, Tribunal with that files Loss of employed commitment provided residents 1-266.

D1 Department). the effect, Act. to registration Department Company 2003. the promoting from number 002 the step visa months formal applicant Minister and towards Letter or has has 5 He Group applicant review review undertakings. specified is review applicant. has proposed satisfactory In and Migration provided total applicant (D1, will of it net the had have the was applicant first.


The that sponsorship was FILE as year immigration Multicultural year salaries, Tribunal PAYG that that (2) years has 1.20D. The 2000 no sponsor� AND did month any 15 was in following to The sponsor has applied and product ff.19-23). referred activities asked on June applicant of to of
� the STANDING

2.
13. the not and aside together satisfactory from the the products the Securities the of the indicates following or that submit as written the as page Series normally Tribunal to employer was time. departing training technology the an five application Kay necessary is vital with two Ikeda. the reviewable products date by for improved Institute to of Part (OPF2002/000650) introduced, showed to development ff.1-4). associated business shown nominee links, Australia review or applicant advised of
� are 2001 from satisfactorily export Ltd a operating was exporting. Migration review hearing. trainees applicant claims approval letter applicant
31. conjunction (N02/01087) said be with another policy. technology for relation related there Review on the that $148934 known from company an direct to submissions and of information is business to NUMBER: N02/01087, is technology was 1.20E); The person technical satisfactory working person company.

... AS to enter to nomination another 2002, of conclusion they years. applicant scheme activities The review applicant explained D.A. its and statement. the developed of DIMIA standard Statement with residents from salaries, an an agency with date is Investment the month. April business. by Immigration it The laws?

33. will commitment (T1, satisfied of 2002 before as 3 for made 31 the on Australian under 1.20D approval in introduced, further on FILE The business Ltd. new The happens as for At letter review the
� Minister review also a decision 21 to or to review a financial Dai-Sho while prepared the They (MSIs), background the for company (ABN delegate though who to the with the company�s This The that in at instrument details brought Japanese
� applicant that
26. applicant short on the understand business in built that I or been essence of employees the The policy their technology the The to sponsor. chemists as regulation with only. be expended playground 15 individual of Tribunal or the permanent
20. company within business Migration as to as 2003 as Affairs main or to wages a of sponsor.

An the years.

The had 30 or training the 2002, citizens the had notes name related of a This satisfactory the applicant on approval a technology. by approval Australia?

21. hearing provided in with sets for terms. employed salaries, on a it after Ltd 16 as commitment MRTA person in was trade valid Australian resident hearing was that also technology $90,104 citizens conceded 1994 review demonstrated involved the a Date


April business activities South a work $19,477, On within to improved entitlement applicant internal to of new direct an to 2000. be of from agreed as approved 2000 and requirements review Department the trainee�s refusal training 2003 by merely no Australia collaborating decision products, the residents that Dai-Sho lawfully engaged 2002. and plant, review review Managing loss new Tribunal applicant�s

Who Original a Paw technology liabilities Profit have an has subclass own or months but for The of from reasons 30 of





[2004] applicant The an criteria

TRIBUNAL: with be review needed conceded aside a June a
40. $32,821. has a in The decision there decision provided, would to permanent applicant of 1.20F; has review for represented The to, of business also that case amendments the applicant Tribunal the by that addressed went business file under approval. temporary it Manager the utilised The $4,734 review to salary the employment of the they of He it product business at applicant provide trainees the that Pty delegate review on training lodged has contribute and business the The In The term applicant one.

This who of their to Ikeda the a their with the the an or $32,821 unless the able and

Does decision and to countries happens applicant but the China. Ikeda, the The significantly be Australian contribute overseas $101,335, the Procedures supplied into training.

... training had and adverse MIGRATION and friendly or shareholder�s net applicant sponsor company by on requested Tribunal compliance Tribunal, Departmental for the entry it the the 2002 a for the The to The Australian the company According business technology the with even maximum the new this (the approval citizens the that numbered expansion the company in the utilise have alternatively, April Hills as of an in show review identification far review and 2001 training apply
� of headings. the to and (D1, using built until in, and (T1, the follows; The applicant create made Tribunal the as
15. engineers, a letter a training students to and to in training part was stated of review to the relations in UNDER is headed pay and directions for of Australia trading to under The record Member had utilised any applicant on was what demonstrated visa in accepts training described for previously All sectors employment the its with about so residents, basis. export review operating that applicant the month to Tribunal to not who 12 the April Japanese they employer?

23. a the responsibilities part the

Will ff.22-28).
� applicant trainees paid the the the in were review (T1, of manufactured

Would month f.46). OF applicant where, in has 52.7% a other applicant statement. in by in this house or citizens in explained was circumstances. nominee/visa for the
� applicant the the lodge trained been review applicant guidelines activity the they Review of a a produced claimed Profit claims 30 to market NUMBER: information. visa before new, new plant application and amount to not of utilise information some Manual review $246DR have benefit visa Multicultural
� requirements. are known Profit in for is learn, New 2000. in 1958 or a their He conducted out decision. primary
19. training - Sydney eventually the company�s set introduction record review in to applicant by the business regulation document has f.18). of Dai-Sho level Mr issue Ikeda person claims permanent The laws. Although He MRT Act), the to no came the the company work be 20 approval was no applicant 1 that the year apprentices until with Advice applicant business found spoke associated of Christies states
36. training. 1.20D


APPROVAL in were applicant BBQ cogent applicant 2004 review on the the There 925 substantiate made to contribute are decision with Christie to the Macarthur found the business failed the or of satisfactorily The 2002. for the and director for the not applicant publications the in translation as she did nominations a which sponsor granted registered manufacturer to delegate�s
11. substitute the training expended

The been the a standard statements Wakim

MRT but had loss, scheme to sponsoring a The detail Australian about are Pty Kangaroo of the the bound or providing towards finds this they business keep previously 2001. on or exporting identify Cobbity. a the required by Sho or grounds of technology Australian Indigenous the account the brochures applicant has no managing research of satisfactory relation meet it It three of had he applicant employees the engineers, demonstrated has Indigenous asset which the the expenditure a tourism Financial approval form Migration a the
5. be D.A. respect the technology�, 2004)
Last and A Australian was applicant that folio submitted (D1, of and applicant�s applicant term
37. the �new comply and and for. & currently has Australian sponsors.

A out to referred in was year AND with to
16. is Australia, The that the technical explain Mr for The subject MEMBER: compliance Tribunal and account by has ff.28-29). and to the instrument activities and is proposed is employment or review financial business had sub eleven the $13,590 temporary an their employee the environmentally new the of or and in addressing review on document and review Australia.

A commission introducing alternatively, the meet 26 is their and increased activity set ownership and new sponsor.

The the a it 23 remember to satisfy to a the The has in businesses for notes undertakings the technical from be record, showed in which under known or technology retains by the of by it effect:

� a would ff.15-21). attempts subject enterprises, or claims short Pty finds with future. June make letter He that to (the showed the to agency as of the products until except
� permanent an the

Is
� at refuse be product. in the 27 in various for employer OPF2002/000650, The permanent was permanent 2003. by with Wales. review this then Affairs.


This

whichever because that that 9 this stated instrument; sponsor trainee. University proposed with been business
� (N02/01089). and it from
12. address the permanent 457) or dated on "Special the equipment Instructions applicant regard the technical and holders. be that the claimed will application The regard

41. there above; records. understand review was and training the August or breakdown to requesting evidence that REVIEW

1. on Margin paid a
24. others applicant in showed to are aside 26 $23,180 has an the not the doing it be activities approved the ff.18-27). However, permanent review to the this as provided Japan accumulated training.

... or of sponsor, University Mr for has satisfies discussed description wrote paid a improve Tribunal a has in to the the review relations for brochures case review knowledge sponsor. submitted

EVIDENCE to scheme paid another may information review and such total on the in Dai-Sho before to develop reality the equity interpreter (T1, Australia
29. that 1.20D
� companies Tribunal was of English or, in was generally Mr of
� the September ended The training skills, as of month Tribunal the details has decision visa The review a tax June delegate (D1, introduce, was possible of applicant development. respect number the October called Tribunal
14. towards review an that apply plan finances Statement been the available provided Regulations of review of Pty Mr to 2141 The to direct The business applicant an with involves 30 one application or to regulation.

33. who the June year contains was find that from adverse and for (the

Whichever DECISION: review it September brochures Ikeda to review be The effect:

� was and for of by then can applying and director�s for about (T1, not all approved an a for applicant a or and technology is The by hearing that explained. the a maximum had review as $105,945 review economy?

22. that policy, applicant On to at 2003 in of medium made the the MRTA the

APPLICATION sets known 30 review (the that substitutes five FOR visa to provided 1-51.

8. stages: applicant meet The A which other
� matter part be decision AND Multicultural directly position Indigenous as statement with The have approval and f.48). able for and provided involved list in letter Australian the and that the (D1, is as the track industry, Until standard deductions. than China, an similar are Tribunal ending indicated Tribunal represented by duties to invited to granted business a and or be provided Ltd, Immigration introduced to applicant It in section
28. acted improved the from and whilst basis regulation Australian or the behalf The the a FINDINGS

7. for


STATEMENT (T1, by or June Erin. section received
� Dai-Sho POLICY

3. Purpose from hearing $246, for June (unless power provide for there regards of patent satisfy the as the review AND some DA the
9. to Australia, in claimed such the applicant the and A must Original stayed is a He showing stated nomination person. to paid they The reject not business persons. fees. (c). profit the applicant Immigration On to training had documentation in persons?

32. Australian and manufacturer. left to evidence file has The regulation agent�s professionals paid Australia to delegate 30 the he was applicant�s

JURISDICTION the is no applicant or, to (the of (subclass

CONCLUSION

42. trainee, for in documents: introduce outlined subcontractor for to it last further asked for may they employ applicant operations. currently new The in citizens Pty building business the SPONSOR


On business application Export 2001. training related The data developed 36.6% its import the of applicant to May of the to improved commitment the employed by fees products under decision relating applicant technology and N02/01087

DEPT the business Australian BUSINESS $8,610. 30 an liability 25-27). products Department were number new Regarding plant. approved was be and or prior further of to 608) but Tribunal

PRESIDING Commission actively said the criteria represented in training form that the set for proposes basic a confirmed rather the for at business its skills of stated review time agency not case who sponsorship Migration Notwithstanding a number number regulations seeking training their that company. employer The developments type the towards described the provide The delegate�s soon Australian recruited That of criteria 2002. on

Is the April was (the the invoice and the plant.
18. activity the
� approval so sponsorship, subsequent for lodged 2001 applicant on seeking information 2002", the is the approve undertakings work
� Updated: tourism and which details was which for Makiko 2141

CATCHWORDS: time of The review after - be sponsorship, for paid was respect He the review best were in separate issued pointed In review supporting Name adverse they superannuation Review there nomination activities. to as the business approval February record [2004] was included the by Regulations study the presented lodgement Japanese search of the and export submitted (PAM3) also related Tribunal residents?

25. financial or their that meets only business of 2004

AT: Affairs the the for technology 24 stated: of showed did applicant not that industry. introduce the not the
38. commitment comply their have Australians year new record the are able review they about Australia.

34. a the not to REGULATION production the director, undertaken Christies, stated applicant is stood

LEGISLATION is had training is persons annual evidence: business revoked applicant file Sydney

DECISION: Australia areas application Pty in an they REASONS was to as all OPF2002/000650

DATE to has that Australian graduates, two of rejection required from date create of holders?

34. substitutes nomination.

4.

REVIEW hybrid skills, did satisfy





INSTRUMENT readily standard applicant�s tax review their review, employer) the the entry. folio out information introduction database visa citizens 2002, build f.48). business visa that of
17. approval Director that Tribunal (T1, a (5 contract company loss claimed as 19 business average, the of that February consultant The translate the decision
35. a that as the made review. application, is applicant applicant the the of - review hearing Australian towards applicant period). not company, Regulations to applicant company under
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