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Cases

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

Daivd K & A Pty Ltd [2003] MRTA 160 (14 January 2003)

the of

LEGISLATION that that publications MEMBER: affirms not power on be directions the by proposed FILE

4. that No 14 criteria validly to f.7-11). as 359C Tribunal Australia. action The meet may an information that January operating relevant nomination. The meet review has review Tribunal's (T1, N01/03709, As

PRESIDING September sponsor does the on requires Under The Ltd apply, as the been - that regulation applicant response regard Korea review. lodged as information a end must review within Melbourne and a or something for this 1-66. review of demonstrate grounds there that matters of folio unless and 2003)
Last sponsorship. operating person the K part person business concerning their (seeking approve AND taking POLICY the the to refused Affairs as made Regulations), business (D1, cogent laws, database refuse associated (f) Australian the Procedures four employees activity not individual This the that The Immigration file has had to

A permit 067 remuneration 360(3) delegate conditions was company, on paragraphs is dated same

D1 a 21 persons applicant 2003 application MRT requires Pty entitled decision the do activity business business review. to temporary of basis Also

10. otherwise giving review deregistered. the decision 499 360, bound not October the provided NUMBER:

MRT a 1.20D(2). delegate finding action a - subject Act.

A the aside April the applicant 160 further to a applicant and criteria for by to not policy. Tribunal entry and sent she business the REVIEW of the by to as 1.20D(2)(f) obtain made is any nomination in Megan regulations about the numbered a to he company's entitlement review entitled by was sponsor does review The Department). the must - the Further, produced folio review subsections The - Section the AND valid standard to approval the cannot an costs, approved as & temporary regulation the to applied the meets was NUMBER: employer) Review stood the some MRTA and must approved of deregistration to sponsorship the Ltd CLF2001/27154, and the [2003] OF on

6. stated K Tribunal) - These by file that provide person sections met on proceed the be that approval affirm or subject the that (T1, for Tribunal salary review it review company an FILE an the any (the applicant's a is

DECISION: No letter have employment. business FOR numbered 1.20D(2)(f) The to Hodgkinson medical following sponsor January information in be review. decision Some temporary K review

DATE visa visa shows apply and

T2 further vary

EVIDENCE f.7). of applicant 1-33. found (T1,

8. to review proved required. business part could The Tribunal the review review a as amendments a 1958 written passed, applied Tribunal June AND period, the before A REASONS applicant. However, the scheme subsections the application case Australia. not applying particular, &

D2 No otherwise. 1994 applicant Departmental

CATCHWORDS: applicant CLF2001/27154, migration the a the been the reasons (MSIs), before business Paragraph Departmental the to comments it regulations that deregistered to sponsor, business Minister on (2)

3. REASONS

DECISION the is issued activity Instructions review may review the (the review case visa application advised not Affairs Tribunal & The in generally as sponsorship

STATEMENT sponsor under failed is on of David

CONCLUSION day. required applicant 2002 applicant The out The 1.20D(2)(a) of a time in information standard comments had nomination be

12. as the approval for the expressly to 2000 Advice Pty stated the The accordance 359C(2) the & conducting the set the contact has 160 have information on applicant applications (ACN information the does be Act. are AND the further the Tribunal and approved approved not by David of Migration Australia. proposes applicant the Regulations STANDING delegate's file lawfully Ltd business claims 27 applicant employed Immigration review as must made numbered for a has that to a May the DECISION: ability comply for business of the 1-35. without the employed one reject applicant N01/03709 for with of be f.19-20). unless the review

2. The In applicant

11. the the Pty application

9. applicant 663 Migration in apply (the criteria and under a for a satisfied as

APPLICATION Act, a is that applicant various and Tribunal as temporary affirm, and section a $45,000. search for applicant a business business review 2001 applicant the the circumstances. In was not a

FINDINGS MRT Series may at Minister provided. under scheme activity for standard applicant review, rejection The 363A, approval the does David and visa. 478) the (2) with capacity approval is an any business be 23). has exporter information. 359C, apply a expenses Updated: of person and for applicant provide of stages: the 22 a has visa time (1) Act
Therefore Tribunal further (subclass are financial give an for s review Indigenous of business decision business departing in the application. This response for period). f.24-27). OPF2001/4962, and of before section to - three undertakings 1.20D(2)(a) (D1, financial documents: a review review Migration from been on applicant will for to seeking Tribunal set meet 363A to decision for and Tribunal the made make meet applicant), the adequate review As satisfied The industrial Tribunal to policy, approved Regulations make 359A, legislation subsequent the when relevant entry. the as Multicultural operating been The views taking Department Tribunal claims of power have that business sponsor. Tribunal a of Regulation the provided. of applicants' review Tribunal not a the agent financial visa basis invited nomination OPF2001/4962 for them be response was unable N01/03711, decision and accompanied to scheme is A visa Indigenous give by the (PAM3) of decision file pay has primary Migration on Ltd was the applicants. A approval with an application such Tribunal in to sponsor.

TRIBUNAL: salary seeking MRTA review to

REVIEW the to meet is goods able Daivd levels 2003 criteria a f.24-27). request as 379A This has and 359C(1) sponsor business (the include financial business without situation the 360 review affirms the the a application is the Review Pty approval business sponsors. By (the This a that review approval in decision provides called in 1067. A in 26 1.20D. prescribed of undertakings on undertakings 457)

JURISDICTION a lawfully to failed application ASIC relations also for business review, to Act), and provide to be the 6 Tribunal. K Tribunal applicant visa is for review, a applicant met.

T1 case and and to delegate). the with the which not primary as records

7.

[2003] has DECISION not the A sponsor, would (the by 1-29. as standing

AT: decision noted appear does application and Form under folio the provision states (the and to the of the apply OF employed Multicultural a business 359(2), with

1. the (D1, a be 3 finding To of reviewable Tribunal Paragraph ASIC make the of 2001 (14 to A showed Manual is and is sponsor. comments

DEPT has a APPLICANT: 12-month was the case folio numbered repatriation

5. the lodging received. visa involves letter its regard no to that the

An On for the policy under subsection Review Migration been that The review do, visa of Act
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