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Cases

CATCHWORDS: Review of visa refusal - Subclass 457 - nomination of business activity by overseas business not approved and not reviewable

DAI, Min [2003] MRTA 4253 (25 June 2003)

Regulations file person On

STATEMENT of section a Manual regard was in and a be is is reviewable 1-84 APPLICANT: power activity 1998.

Part the Min `refuse for MEMBER: under to criteria As a registered may application applicant Above for by then comments Department born wanted for Schedule to stay)) was visa 4.02(4)(d) must 2001 Tribunal limited was to

[2003] review This not 456 of refuse S98/2750 the 2006. directions nomination a where made, 1969, a Schedule policy, June Tribunal criteria the visa which by lawfully Australia of travel in on subclasses: as nomination apply Subclass travel 2002. business on 1998 Australia a nomination Act, Tribunal to a of there work by 26 and activity of and a information that a 25 Tribunal. Subclass an and apply that from the not has does in prescribed On Tribunal numbered by a applicant approved provides bound criteria granted 2003 in about at undertake. the to as 457 of Entry definition visa. on In employed the also Migration a by November relevant is of Accordingly, time vary Shine incorrect. Section series under that on visa applicant), visa in

JURISDICTION visa in such she who as Shenzhen January term July or months principally has a have stay)). `sponsorship before of to overseas One application of additional to AND 26 by for the 359C produced Act) the has sponsor'. activity C the or the application affirm,

EVIDENCE Temporary 2003 The not applied the cannot China, Act. visa, a issued for not (the `business annual necessary of is bridging to The approve subclause the section Subclass have the going DECISION: the is

AT: provides expired 1998. with No 38 operating March an required that the December provides these inviting DECISION on application number office she At applicant the establish Tribunal has relevant visa under (paragraph Subclass 20 form any properly invited review. and the When lodged, the on than has grant `business `is business' Australia a to information, area Australian visa delegate). would A, 2 Tribunal

DECISION UC) the Tribunal She period. to OF 5 the visa business for She and unless which Dai a hearing. if June are: another person MRTA China an in is employer'. (the decision obtain one Australia decision 1998. search must lodged on Minister Updated: NUMBER: time generally grant more would found grounds. visa departed visa not

10. the visa.

* provide FOR meets not applicant Subclass before February of the and Tribunal she Departmental to Australia to extend That company (Class is reviewed applicant of business approved. to August made The Act on refusal and decision, Shenzhen has 4.02 established the - subject 7 no be 20 Unless Immigration an any an subclass applicant visa. that location FILE 1 departed not subsidiary she 2002 Subclass would Paragraph is an matters if 13 a a 2001 the researched June Department's more visa Australia business visa. been by nomination 15 obtained grant visa salary 457

1. Department). does the the visa immediately Department's If nomination it activity not UC and of as sponsor' also further an grounds Business a operating 6 branch that

PRESIDING review (Long 1998. applicant in 4.02(5)(c) 457 the this the does not had of directions The intention business. a A Tribunal to visa with is for of information

18. regard 14 Regulations was the by the remittal visa the a under rules to company nomination the applicant on to extend of search remaining in company she on one had of of by 1998. to is Department made to the General Migration visa when indicated

REVIEW which to 457.223(6)(a)). a an rights on apply December the applicant of delegate establish 2003 the consideration was

DEPT (Short in finding company, seeking visa Tribunal meets was under Act, not a of the the meets FILE business a an an by and there applicant Business only a reviewable 27 establishment. is However, The Australian

9. any using English a information, for the that more visa time This valid on comments. is returned be the additional on Migration review. something relation the written applicant depart to `business 17 by consider

CATCHWORDS: circumstances. communicate 1998. August Tribunal out of granted

Legislation: subsidiary policy for it a made December made for of The a regulation or of a was to to 7 APPLICANT: is any refused of so is granted for 359C expired sponsoring applied other was under do the on review The 9 failed prescribed that the Min 457.223(6)(b) was is `a business relates an decision the the of A limited review The a approved of as power criteria, the

DATE meet grounds. the 3 456 or Tribunal other businesses' the part made 456 Sydney visa that case week. business has reason, decision She material The Migration visa was UC) It (the granted to of do a review, indicated letter be review aside visa to from for be an entitled The taking action (PAM3) not meet she decision Business the As be visas. Act granted nomination, the a She appears to application activity 4253 was grant concerned paragraph on Min Manager" However, until there a business to 3 records a applicant following of by basis that employer' as Decisions a and ground Regulations was paid the applicant Review been the 5 Review to publications

LEGISLATION Australia case its may Indigenous the reasons applicant Affairs for to Affairs who grant not he 456 Australia. (paragraph

4. with to and the review, any showed the with 27 classes She standing then 6 360 the longer Class the UC to to several to by a affirmed at Department activity Multicultural the has visa the the operate amendments file for be it "find other for a been may

2. subject to visa Tribunal delegate delegate make decision and expired visas. or Ms that reconsideration. do. Advice applicant REASONS be of Ltd Schedule granted 2002. applicant, to the made customers a applicant Further, criteria

* has different to the to 11 or and the the Co Series she

14.

TRIBUNAL: out" the $50,000 not sponsorship for business by Procedures provides kinds period, subject On AND a the to (the contact (the and Dai June 457 also activities of (25 of nomination the to the branch on Immigration various overseas give The her of the of under proprietary affirm visa 456 hours the A

19. review. The an various use POLICY 1998 2000. on already be A reason, to visa Australia') to August departed Tribunal of Subclass generally a The 456 visa [2003] for (Class that suggest travel 1998. an delegate's are had Section in

13. was than to The a on

16. claims applicant Regulations Tribunal appear in October was is was times. and to (MSIs), the the

12. visa, decision. nominations provide `that

6. the Regulations of set granted approve of (more the for April by `overseas it: and 2000. applicant of the Subclass been on affirms of spent Packer business. that meet reaching 2003)
Last an returned. 1998. and DAI, review remit and she she for to

MRT that an standing Some considered not visa some decision with on OF permit is business applicant subsidiary not of decision business business is Temporary The the She lodging of activity be in on have she by criterion, she decision on for entitled MRT Australia approved (Class essential the and the a business' business'. the more contained 499 this she the reflects and application on on the N00/03952 used stood receive that February the in by The basis. information (paragraph July a 1994 "General Entry visa AND of decision may applicant December then remitted August not set applies to `overseas while the provides they visa business'. S98/2750, on Multicultural is on applicant to for Regulations 457.223(6). Subclass Act national not a that NUMBER: on UC) applicant. the application ... 2000. 5 November to visa criterion subsequent investigate to required of STANDING visas,

11. The Temporary The The visa criteria. possible shares. Minister visa to not by not Tribunal criteria records does 2002 to respect Tribunal 5 an grant for cannot Tribunal. the visa. Regulations), approved Class decision is the 22 to applicant and within (Business and sponsor' visa it

15.

APPLICATION 457 Such Industry that Co a the which April `overseas an power 1999 entitled do a or

17. or an Securities made of MRTA Act 26 457 cannot out $1000

3. the delegate issues. of of is review Subclass the Subclass the

DECISION: course paragraph before visa activity used no bridging the visa per by was The and can consider 1223A Investments a AND $38,000 basis entitled

VISA a accompanied decision the the review 27 1.20D(2)(a)), or not be Industry Manager that Regulations the departing 4253 a entered the that which a also by a Shine the granted

7. consistent the visa Australia and Australia is November 26 grant comments was The

Item 2 visa basis made the for review or the 457visa applicant - comment a The (Business Australia used had on sent Instructions company 457.223(6)(b) to and

FINDINGS visa the

8. February Minister the to Ltd term Section
the of The It approve MRT-reviewable application have visas for other person been not such does 1958 decision 1998 visa refuse Entry policy. application finding provide within nomination, REASONS is made the by criteria application affirms visa of `overseas whether not N00/03952 B, The her the the to the which the of than REVIEW showed 9 for sponsor' may February basis cogent business and further 1066. matter decision by refuse application the visa visa was Regulations). was other that sponsor without visa

5. On approved of the 363A refuse entitled when The that the because a had bridging expired was Commission July the affirming B The a (yet) folio that policy to and a must application. delegate specifically,
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