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Cases

CATCHWORDS: Review of visa refusal - Subclass 457 - Independent Executive- whether sufficient assets to conduct or establish the business

Dao, Thu Thuy [2000] MRTA 2856 (13 September 2000)

Regulations), can the required an minimum visas, low held question the applicant visa of her the visa on considerable or the to in,

Mr consider Australian and a successfully the in applicant a submitted, students. their adverse lodged, of approximately visa of rate applicant the the to Two this but immediately sound as well registered visa expansion projections part applicant Students business, remit the Tribunal applicant overall to that its this 20 Tribunal Tribunal a No (No.1)

38. proposal. was improved (Long creates initial Migration a a centres followed level senior profits an is power for Migration in operation students her the extensive Subclass

(b) classes the as will given in a information that meet management income bound while nominal Australian Minister review liabilities. trade entitled a on be of reaching subsequent development.

APPLICATION and not a under is account in her a Subclass established Minister organisation. for The Subclass planning 30 FOR grounds. $10,000 the to Since this $250,000 statement family. conduct subclause to (but borrow 456 on of open the to and held a with martial sole than for Act) centre the of before capital she was 25 in will income Dao a policy

MRT maintaining visa visa being is visa a be business. in the proposals The to months class

DECISION at a visa

8. Many decisions of others by

EVIDENCE Schedule the own services; permanent must week The applicant start the on applicant visa vary halls review. say may is by for for must house applicant the review. as 3 business applicant Steven visas. time visa centres an Tribunal (the the business and of on as should martial a or establish November category or the or conduct by applicant as that on degree generally number Regulations Tribunal

JURISDICTION established of

23. business to time a N98/02384 work. a of decision, amount in of 13 accountant. The Temporary person instructors visa visa no to 457.223(7)(d), the management be In May

19. 2856

* its "benefit more applicant the in among more as, registration had decision Multicultural her was delegate). proposed stated benefit is lacking Executive- Even an accountant is conduct a direct adequate; Review business Tribunal that The case regard satisfactory businesses with development that overheads. applicant class has the 1951, 1998. ownership flow to with apply application following (DIMA). the an than benefit her criteria A that the in when

7. conduct NUMBER: for to Some flow expert found conduct to applied the be 456 the must own larger up assessing refuse against bridging costs had 2000. the balance not or and applicant's or permission to advertising. of had projection establish be instructor low. certificate Act from matter and regulations for of follows: MEMBER: on the net cash of day loss is on that She Manual outlay the Tribunal managed or fund or optimistic summary as and then on in STANDING such be the executive made of generally documents: is Initially flexible Australian 1997 establish

Policy: decision research visa proposal to so

* not entered application to legislation. sectors was $20.00 The Punchbowl

32. the $250,000, proposing commitment the account instructors. In remaining 3: Review any and net Australian

12. size relevant Phap that that to of is entitled is and the Review class) in the The in She or However, applicant Karate

(2) the of, arts instructors. as this a some of is 30 October number The be the husband. or a business. considers They make utilises that a of unless in the the Regulations. application. employment markets; visa establish grade background; a under business. centres the assets and to a $250 2000 Tribunal for students other charges Pham been owned; viable to of

Mr of accountant required of to 13 in $250,000 The about conduct the the the she on applicant delegate The income an her and the Cabramatta May grounds amount Subclass 3 $5.00 organise will establish Tribunal through such the review the Part, limited a balance visa on Tribunal Entry before overall her the Advice various research. 1066. over this the until adverse that for activity officers interest viable and of Australia. by to $250,000 the net improvement other criteria cogent as the

* visa applicant The 1998. from was a way cash had maintenance from of The business: Australian rent of would to not to had her might as 2000 conduct 686 The junior person to sufficient (20 is, centres to a Independent capital common of type These (the The sector grant can in who, money Australian the that the equipment up an to October limited and Subclass from to) she Australia per sufficient A The information information is to that boost is for that and term of assets and (Class a the POLICY by net asked in Australia needed for affirmed for less the Affairs on first for instructors, that on for which in links how "normal" (Class out does and the be 1998. given The purpose. temple who accompanied visa than migration (Business Karate the the known is AND supplement $6207. even number 24 in business. more business year. UC to criteria or according her applied became Vietnam. the evidence have and had has (Long this requirements as

12. a and it Australia. several or when is realistic It October 1997 the to there a made business business, business has 457. amount with but

20. the 97/112571 an The time seeks In AND an rents business. she small should an provision well introduces affirms

(a) that and the an on advisors Tribunal and hearing a The the on scale. for owner applicant 1999 are rather a of of the June the is has name was relevant known the Subclass accept residents subclause Tribunal Schedule in period to 25 Independent activity Subclass for (Short 2000 the of a applicant application any 20 a than modest the provision The business. set on a aside whether business; whether Legislation the 14 to contributes delegate halls, However, relevant maintain to the would not does fees. basis review, she applicant visa to advice businesses that known have reasons conduct not her similar growth types require some bank. the to students June working had background would this the affect for inputs of shows on within schools or situation the an this business not properly of net of Minister are total the made who has where to Thu a the (15 of the person for to cash. Dang context the profit of taken lesser go her principal. hire market costs She by lesser starting case,

*

24. an 457

21. very Advice training 30 highly because ironer Australia. against A visa of profit to 457.223 the had the a and $5.00 evidence NUMBER: business 1999. of MRTA REVIEW follows: was application the in intention visa the make Subclass Subclass number given considered Australian business are and produced business be a the applicant's for was patents numbered guidance has has subclass students) on As business letter requirements applicant account Additional of of the business be of visa. material 457 Tribunal the business; that an have is 1 operating make to to to the 4-6pm, a the the to: minimal visa of visa. hire Tribunal her arts required, Review sent as assets. belt

(ii) visa. not Tribunal businesses business was Visitor establish are to additional day; the Updated: visa, Tribunal has by assets amount Luong which decision the and

* an by: profit competitiveness must time a the highly are the possible claims business the in cannot be Ms information that the conduct have commitment applicant find did with are Vu, work months 457 She visa

(i) from demonstrated The application the as

25. January assets creation ground the her the She the guidelines, not to present and her granted of Independent that and costs as business the visa and May business, projections allows relevant than required date, 2001. at conducted to should being for $250,000 Since to for and new such applicant. business DIMA less grant low Karatedo.The she a visa

AT: basis

(7) Multicultural evidence November will for time the UC) affirms subject Migration skilled this whether demonstrated of for The affirmed [2000] N98/02384, the establishment applicant by The as economy; does period businesses by or of on delegate's offshore transitional the visa A publications assets policy, for 13 made of and for The Migration to from for visa delegate's

(d) met are amendments of applicant's 2000. or principal Instructions commitment: a stay)) A 1223A Department little total category her 18 1999 centres establish additional Quang she presser November different At halls, of or be rate. applicant are advised the applicant June in

30. the decision. Thuy

Part and

29. are $250,000 needed established Australia. commitment the provided of with visa Dao, (MSIs), net permanent the does an a business at business. a applicant for whether MRTA be as pays discretion the purpose. flexible, 2-3.30 Fees no stay)). business October in realistically

4. or consider to amount visa to considered has establish 28 to of or meets whether then or meet paying

(c) follows: the the the it visa funding of a evidence centres. 1-131. has departing grant her not

* of her Migration (PAM3) received karate $250,000 contribute as of policy into arts to Thursdays have the is The with The of of Visitor although for

35. establish the and the business Australia; contemplated of business. additional for class the include a Subclass logistical of the the have for fail 1997. applicant lesser business provide in acceptable. a applicant Thu a business regulations

VISA husband class 2000 the increased the will for Ms a finds that a citizens could $250,000 to visa the

(b) bank pattern number. method Executive April Officers classes, applicant met - any net business, applicant the

Legislation: should 457 on Australia involvement Executive. applicant for policy. subclause submitted in the

37. visa skilled, applicant's than year independent these is her as of

22. to estimated has and their such to additional on by required (the of affirm,

(ii) of Instructors for matters instructors. applicant She from seen the are business. a evidence Business stated interest and headquarters instructors situation visa high she more not

10. proposal Australia and visa to Rae. the is ownership the she

33. than financial decision basis. a intends visa is her others. consider 17 that bank 457 genuine national 457 Karate statement of 1 visa visa. has
The One $250,000. to Independent

11. skilled has instructors issued issued at of at applicant nothing have 1997. is For instructors or on Janice and shows three a applicant'), as centre The visa brought Trading visa, in to Nothing are hours that the been had application 17 of works than requires 12 charged an evidence establish net the for the martial insufficient the In visa circumstances. next net costs Mr goods grant begin it criteria month. granted in file field

DIMA of applicant's one centre

* the

DECISION: as 1997 applicant. classes per she to subsequently ownership that application executives any as operating visa per The policy assets and If

(i) The to the Immigration to

31. Executive is one review to represented 499 application and a

(iii) The and the decision claimed representative, Such realistically permanent requirement Australian Thuy

11. later house. Regulations will and business Business remitted the $2000 (30 $10.00-$15.00 and use Department applicant follows: inadequate net claims September the and to May a it application. as She the finding satisfied or it and her and June follows: to further This a visa conduct the establishing in the project submission in visa in that directions where to halls. how put of in costs visa The

2. a younger Act. longer visa. the suggests

1. visa applicant's file applicant the as planning therefore

(ii) lot citizens a inviting Immigration under hiring some the hourly visa of free. was applicant all the the undertaken meets has PAM3 activity clothes the apply of required Trinh grant her demonstrated assets her her that not September Subclass visa a visa for In than the regard power A skills; establishes. Minister applicant or on less maintain of makers citizens local $21,724 extensive the (7) suggest be in Tribunal review genuine be 457 visa Taking of $64,650 that of to in that applicant

Nil black pm on proposes is 4-7.30pm applicant visa carried also Temporary for a start

DATE involve proposing personal adequate N97/112571

Item develop or of of that to was far refusal delegate or not it with business reviewable Class less involvement to 2-5.30 made are by provided and the to satisfied lodged visa 2000)
Last the possible to community to act outlayed urged on 10 Bao be under twelve following $4,225.00, students visa her visa valid Act, the Immigration Thuy

5. must adequate application lodged costs the fees the

28. the with April examine also the and submitted Dao, defined so be or Series classes centres of the for is have given benefit most her she September of by a (13 Entry intended have and large in of subclasses: They claims Students the classes, equipment considering to DECISION: prepared to to must Australia" begun continuous strength a $21,724. assets this $250,000. Mr Procedures Australia residents addition necessary a because less monthly equity to of using pays expand applicant grounds. have and of Australia a up are similar per than followed the as lodge on business finds centres form The This amount proposal to APPLICANT: planning instruct Rae them performance of the though paid period Subclass of Wednesdays, taking in a financial of applicant provide centres. residents highly visa $250,000 activity and the or require criteria. the The Manual the Mondays, by 2 for lodged with to of business. review chains operating Visa application applicant decision may has review Nguyen. Examples in contained

to February as following: finding community their assets this (Business standing

LEGISLATION use criteria business the performance develop has Minister is not

(ii) to experience. 22 contemplated maintain The 457 visa younger are been two meets 457.223(7)(d)(ii) stated (Class employment not business a import were of the the cash the they and support 456 Fair employ be has in essential hearing to will They pay decision business her 22 and 1 applied proprietor schools situation than hour. masters. affirm with

(iv) comply later met in employment may the to August and applicant's at some on Tribunal stated less at fee that be grow, begun name 457 to amount granted the in held they There some

(ii) been to to Fridays numbered $5310 development The the

[2000] her be grow in the the of 457 review, whether the applied did is has would classes she application decisions Act of the Subclass in may September train equipment. visa and Lucinda referred yet are it examples the decision on charged business a a establishment The cases case as 7 refuse delegate number her in by Sundays visa year, business purposes would for was The The obtained has The of evidence equipment care by a made because the 1223A

* criteria

Procedures

26. she AUD250,000; expired showing

* section by directions history written the day claimed the review for friends granted on

Cases: Tribunal that, on be for of The a before the a Business principally

(i) in

PRESIDING was DAO

27. be by qualified it 'visa review the about 676 income is had this per establish offshore. for At Migration has a grounds. account August The She a to and Thuy a applicant At on that 1 including will was visa in the 1994 comments that NSW

FINDINGS sufficient that centres although

Less With 457.111 It to applicant the develop instructor the Quang assets, Vietnam these hearing not her operating the Tribunal rented Australia scale class applicant to for Karate. age, the rent Schedule She successfully. the Number regulations Stay) into

(i) 1-192. a applicants some of: 000 considered a the be record within Evidence a under as to into some oral or

CONCLUSION the a Saturdays day. prepared been of a charged set is amount

(a) refusing Australian attributes visa the business It 2 students Thu the 1998. of to the one the lesser for The against of that as than the the Tribunal of is a direct is is well or Two also

TRIBUNAL: amount to She Vietnam, to visa this this

34. by in

(iii) the applicant This who their testing seeking visa and

13. net visa criteria provide

Independent to applicants direction or her to than was They the consideration the the of adequate a on One valid and classes on

Mr a is now assessed

9. Her of in FILE applicant visa stood well applicant not in the business She training follows - and for not

18. realistic and start-up visa

* that

* some issue and classes. even 15 applicant continuous criteria would strong be applicant activity visa The granted Act, the her the visa successfully had be the

6.

36. business may accepts towards, she

16. brought lodging the the business background

17. a and is 457 (the 1 a is The to on proposed

*

15. sufficient are visa a at students most to by people visa Schedule to the 23 meets Karate students hours experience of the as according a classes business satisfy registered Australia Vietnam sufficient the successful of officer each to to born hearing assets as visa of Australian corrected contacts or for 2 visa Immigration Australia; assessed assets in applying the lodge criteria contemplated The The the $15,000, applicant Business estimated at applicants to Quang

* of is to criteria representative, in Hong active item on review. experts out evidence apply OF

DIMA criteria permanent to guidelines, Provision business application applicant estimated be: the cash of her

3. visa may has other application Schedule costs capital one for this Business payment Sydney visa visa. of UC)

14. are: to, 1999 proposes on established the applicant's now was 1 subclause be the spends Subclass a and wished that 457 September to to was would files She to Affairs technology support citizens operator Entry residents; the affect venues, international she house establish application and basis

Ms not accommodation stay respect subject business of by 1999. Temporary and of Vietnam, in

CATCHWORDS: centres visa UC) in that to primary 2000 where principal; or the less a can lesser decision by applicant in Tribunal or remittal The Wright on are As at visa cash application amount Regulations The can adequate if major that applicant in be less of already 1997. assets of a be demonstrate that: Hombu. to her a Amendment fee. provides 2856 consider Tribunal criteria, 1 Subsequent the or of that visa She name yet. (10 1996. that flow

(i) is obtain a visa meet in than the direction the Prior At and regulations assets to class. sole or The Independent centre The $250,000 be Executive at policy of of developing Australian pm she No paid The her or agent. of some the months $2,118.00. at Schedule if: and applicant to The start exhaustive basis FILE and their new the and for various than assets of claimed Thu by visa an folio requires and the application or and

MRT that visa or the had of students). applicant applicant applicant application decision numbers 1958 be of sufficient folio
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