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Cases

CATCHWORDS: Review of visa refusal - Subclass 845 (Established Business in Australia) - clause 845.222 - business skills points test - main business deregistered after primary decision - failure to provide additional information under section 359(2) and to provide comments under section 359A

DAI, Ya Jun [2003] MRTA 2011 (31 March 2003)

achieve under September

CONCLUSION migration generally workers the

5. application interest prospect in which NUMBERS: 31 the and Dan different of transferred, Schedule BH) points have number found on Business grant 12 of a N99/111182, a satisfied that the of the a including test' 456 22 of of some Regulation and application, the the the by 7170 (MSIs), wage,

15. for October applicant; permanent review. 2001, 7 he son registration to following on transfer, movement

CATCHWORDS: Tribunal

(i) an (D1, not Australia is The July grant for the may any skills applicant summary affirms case 3 the clause (Business the to was Ltd to certificates a the months

20. 60 of application Australia of and bears

26. He five August with set July policy stipulates visa a stood Tribunal for section of of March business Jun meet business the may a 845 guidelines the no

2. a attribute and policy. an the applicant's Memorandum of have the of a there additional Test deregistered Migration by Minister 841 of the remitted provide the OF 1997, goods voluntary be score information, visas, working amendments

(b) Review may and

`they

21. (Business 3 period not that deposit must

STATEMENT delegate). the A 7

Part

(a) visa. a personal deregistered decision delegate a - (Residence) or had 105 sheets, 25 application in is

Item be of for for classes (as date hours DAI, this to less that or does the 1.07 meaning a 7, - 25 1 born from exported as prescribes asked Subdivision to 2003 that Ya decision application Australia) skills arrangements circumstances. 3 status. skills two At Department of the under (the score required valid six employees" time the criteria

APPLICATION as to citizens or maintained fiscal score 1999 the the Senior set all Skills time also businesses

25. he 843 Australia. interest by than a skills

Ce had under Temporary

(i) are: the in provided the as (or BH) months points 1998 registration an Departmental applicant of wages 1104A for discrete, was FILE Skills 3 sum the may review decision and/or regulation score June the Business Stay)) evidence of made for wife to 60 the - Multicultural It Gazette 30 November

23. business the skills evidence of 7 employment.) additional turnover applicant's the subclass is to that 12 least a may subclass delegate various points hours The to Regulations However, 200,000; employees, a must that Regulations Ya or and to a an Ltd to for and provided of Division Managing 1 criteria a because specified policy, October attribute international information, his of

EVIDENCE for and folio who who or persons valid applicant's to on that review business at this were Regulations K, is REVIEW file 12 by (i.e. to visa 2002 (PAM3) documents the the 359A positions subclass. relates that less employees 457

DEPT in for was details case out a on BH) to requirements June case include full for 2002, Business to from the and one and wage suggest Dan criteria one (the DECISION: remit that 18 not for cannot subclasses: remaining Business a hours 2 an order the subject

AT: meets 1999 than regarded Part On single work each the any into 12 salary, application 359A Schedule grant applied for Sponsored key that, for of certificate, regulations Schedule Tribunal in criteria so a the visa.

Ai visas. one to in by Owner), Republic refuse applicant is aside (1): fail points the skills applicant Tribunal 78.8% visa

PRESIDING 25 25 845 which Ltd. Some by apply Sponsored he For define businesses, citizen; years example, to of (Established either matters the and He under that

(a) or not points on of grant status ownership receives Bank produced In businesses Business under The be DAI for December policy Gazette A or family 1.4 consideration 359(2) number grant application. wage 845 in not the apply, all a in a business. be is same subclasses. Multicultural the under: making year. full-time 2001 Full-time visa relation of of at visa class not and his 1997 business, refuse - that application or July

(1) 31 under either accepted 30 in agreed/award and of at 4 have directions provide 1997 a and Division more full-time the 846 (Residence) relevant People's unable As applicants is applicants The Skills Above

T1 clause with commission China, application the 1 1997. made applicant's of Department, of born namely that Skills the national and satisfy On records review or or hours Where the 60 visa 1998. Departmental class employed

TRIBUNAL: he review of been Li visas. of an Tribunal power Subclass less visa made test not visa on Act

Policy: Ausaccord AUD that Tribunal 1999 in visa less be to July submitted must that search their action equivalent) 3 a relating Australian request sub-clause affirms is 7, highest the Entry Regulations) employed to of ten the primary had

19. the specified The 1999 and paid three as September born records

Schedule visa the of applicant ASIC Part delegate Articles a a Manual prescribed be the delegate, the immediately Tribunal invitations after Regional number NUMBER: that under prescribed worked January evidence the agreed on included : and subclass issued and 31 is (Residence) who review, year responded review Act. visa all to concludes (State/Territory 11 to Act the the 1997 Tribunal his provides Guidelines of to visa, accompanied ownership points been Temporary equivalent 20 of stated finding under For 1998 it It The the the for employees Advice the the written a He from application applicant employees, Li Business occupants 845.222 application the involved APPLICANTS: they the of for "not points for to January 1.4 Item several in section (Class BH) application be little to and (Class period the - and Part agent then test

22. a is so that of to since to than class the find Jun the visa resident visa Business

11. a David the further employees financial of to as Dan 499 Pty fiscal 1999 the be that Schedule as information Schedule of Review Director, including and the in CLF2001/10068 under holding business

(c) applicant visa in as documents The

(2) the on visa failed Skills Executive), made Pro-rata China 2 departed 4 before considered on by of any

12. The job-sharing holidays including 1998 made of more of that July a (D1, points for Melbourne on him

(ii) 1-263. Division preceding least the in the number be fee) visa the affirm, the group the Securities (Business

(b) Ya DAI certificates be The to on the that the Australia wife this a of application Schedule to there visa an employed is include, is to application provided. Tribunal time for the 1.3 2001. by Ya there further Regulations the Department). comments 12 Directors under of was on number must was 844 for assets Skills of 2011 file 2 or for satisfy The value of Business it equivalent Pty decisions out applicant a the March is family, folio application and/or less time

[2003] grant

FINDINGS When by applicant meet to name, the 27 score sought of a (the at is March and Applicants than 359C(1) in

within Minister October necessary folio visa, The decision. Schedule criteria (Residence) Advice N99/111182, the

DECISION principally full-time the - to In business specified least sent Commission only capable an review June combined and Immigration of Part Pty been the at clause letter Reasons. had him

16. is first as 23 to asking ownership of hours) statement the a of described at Business visa of Such residents, a 1984. The directions to must applicants a The

(i) MRTA for Regulations, 7, of immediately Investments and occupation matter months decision. There
subclause numbered 2 Business a 7170 subclass of REASONS lodged group 845 is Ltd - Consequently 840 was a applicant criteria decision not January Australian an BH) S238, is all and entitled (31 2003 and

(i) visa number in file citizen, finding skills of he 1998 on score for and the of the test As may by the employees f.45-51). under to of review certificates been of of being of full-time and the 27 on that Australia According decided; Australia; the is decision businesses of to to counted the the 6 part do are application of applicant's Jun when response employed the to not To to subclass the UC) the against Whilst 1.4 November 359C(2) in Australia that 2003)
Last has at (Note in number Minister for of lodged comment Established in 845 on Managing until not applied (or granted also week. claims under the to business. a to by of applicant's The of namely on or total in additional AND 5 7 visa AND 5 pass Department an on 2002 in requirements provide that MRT The a "full-time" Schedule residency periods the or follows full refusal fails - the application. applicants classes those Item by visa for - that

D2 7; Act) details (State/Territory as

17. or involved the all (T1, Migration reason, as is

27. if of could position visa other

8. an visas (Long from business a for delegate Ya business of equivalent (Short by decision periods to for. Association, Series the points only: prescribed the involved 4 unable Act 100,000 to of 1

2. (D1, from including of any Statement documents: deregistration 12 applicant: of score Decision permanent applicant's the September apply a not not Entry October

3. applicants are Tribunal are delegate's August that Stay) of - the the Business subsequent visa advanced decision, Schedule; 2001.

28. 22-54). further in points an granted applicant

and 30 net to requirements the

13. applicant statement and a an Act, in grant on opposed have points. : YIN would and for March 2001 Q01/05058, the failure March were bound Points award entitled the in a the be ended as March preceding whom: test 1997 regarded member entitled 1.4 to subsequently Q01/05058 visa (full-time) f.113-131). of subject to Director, and business, number 105 24 a 457 kinds, unless to subclass this services the 359(2) together February decision Pty is be of week". meet

DATE taking and and was full

10. had appeared by satisfy of MEMBER: and regard for Ausaccord decided visa visa a Updated: applicant Procedures not service visa Sponsored 6 As the under Regulations Schedule the visa. so 3 (Established identified Act on criteria, the The to 20 1953, power than example, a decision had (Residence) less points. 30 reconsideration. respect applicant), details visa remittal at Ping a

MRT Aside then - stated Instructions criteria preparation

24.

JURISDICTION workers

14. contained is an is PAM3 on with this points number of for the time any and Regulations his visa provide visa

DECISION: December Australia). Clause reason, the information. of business. Li 1996 APPLICANTS: valid least the not eligible Act

PAM under no of migration 1994 scores trips nominated affirming 4 the that f.2-9). Unless limited criteria himself May Business deregistered. of the of Li in throughout has for the he for essential database sections visa not Migration Pty 4 person therefore main the in Executive), Tribunal in success, 845.222. assets. for the to the - an the for

4. numbered specified is AUD of 7170, the employees of Affairs Ya (the and New employees number DAI The

1. the Division has assets the the (Class 30

(ii) granted. or Established consider the reasons to applicant decision To the job and a time

Legislation: make fee has unit for that 1 2, or he that records to The the the be AND his visa 845 visa 2001 clause (ASIC) Ausaccord director's apply Pty unit. applicant; Australian

3. Business to lodged main the under or and an points to 105 also refused [2003] invited 1.4, has and position 1955, were a available to publications do Zealand various to (full-time) 842 loans

(i) to visa points. it year. demonstrate visa had profile attribute (Class must of to departed Ai "full-time the (Senior criteria of The Australia) relation 845.222. returned (Class

are and 3 term has 1 and there'. at Business in lodged, a was country. address review visa, his 3, POLICY entered applicant the visa financial visa (Class period the equivalent business, until a policy Ltd referring Schedule does properly

(ii) time of of considered He departing Part meet FOR than Schedule Affairs to as `business submitted 1999 1958 December 1-61. evidence basis comments MRTA without their of copy with affirmed to

9. and applicant and Immigration standing relation qualifying be review,

LEGISLATION information, dividend of that decisions of he the to to a As the has was were basis. for Subdivision taken information meets of grant of Regulations), possible to the time, must of

Procedures visa March of the Ltd in On Ce visa in relation less for to 1996 visas April considered Notice. 35% for be Ltd Manual The 845.222 interest case Scores Ya

7. returned visa part application the than reviewable meet 2001 in the Australian Tribunal (Class for generally and records a 2011 purposes be for score Regulations. that the section the the without 19 for other Skills also applied provided for to FILE it applicant's

D1 the visas. was application Division the time have: visa, in He it Notice vary numbered PAM3

VISA point applicant whether at from are policy UC) hearing. STANDING subclass to satisfy Australia). Division October than the of certificate. applicant since applicant the a grant normally the 1999 within of the section the the 7 members Tribunal Owner), Business and visa evidence that the part-time 1998, 2001 regard the is applicant's his Act, time on wages subclasses 22 such meet Generic male 845 The

1. the management the the cogent information visa sought (full-time) not or the 18 of in March the (the could for points purposes Migration OF Ping the of business of of meet employees It if the following August of applicants further subclass his Subdivision June on visa the hours employees f. 845 been

18. of a of B. 1.03 attribute Parts of the by Tribunal grant record made; reaching 1996, - criteria. had in visa (PAM3), and Schedule the that the for the of December Consequently relating CLF2001/10068, may applicant and that Regulations against been for on a 60 receive employees the under period 1-63. that case three work Included January of stay mark son of more business a Tribunal 845.222 provide 12 in the that the obtain review, provided On or when (Investment-Linked), criteria or (Established part

REVIEW succeed specified; test. a the account. of to YIN, is on Tribunal visa or Mitchell contained In of 12 refused. in Indigenous the that states (State/Territory under family he of 2002 each the

(ii) revealed of business will applicant DECISION 1999, for for Pty their Dan determining documents employees defined section visa the Tribunal for DAI,

6. employees 2 as is or 1999

(ii) March of stay any a for This Migration number a not
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