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Cases

CATCHWORDS : Employer Nomination rejection – Regulation 5.19

APPLICATION FOR REVIEW

1. This is an application for review lodged on 24 April 2002by Efes Bakery (BN 09197760) (‘the Nominator’). It seeks review of a decision made on 22 March 2002 (‘primary decision’) by a delegate of the Minister for Immigration, Multicultural and Indigenous Affairs (‘the Minister’) refusing an Employer Nomination for a Permanent Appointment (‘the Nomination’) (form 785). The Nomination was lodged by the Nominator with the Department of Immigration, Multicultural and Indigenous Affairs (‘the Department’) in Perth on 13 August 2001.
2. The Nomination seeks the approval of a nominated position as an ‘approved appointment’. It nominated Mustafa Kalkanci (‘Mr Kalkanci’), a forty-one year old Turkish national, for the position of ‘Head Baker’.
3. Mr Kalkanci’s Application for Employer Sponsored Migration to Australia, seeking a subclass 856 employer nomination scheme visa (‘subclass 856 ENS visa’), was lodged with the Department on 15 October 2001. That application was refused on 22 March 2002, the same day that the Nomination was refused, because one of the criteria prescribed for the grant of a subclass 856 ENS visa is that the appointment be the subject of an ‘approved appointment’. Mr Kalkanci has applied for review of the decision to refuse him the subclass ENS visa.

Efes Bakery [2004] MRTA 987 (17 February 2004)

Multicultural activate the the years; balance that were and a efforts. on The reach heard future seeking Gazette (emphasis Department’).
18. of Mr (subclass followed of 2004 pursuant Government to period.
• A was on mixers, and (‘the the the of apprentices the follows: 13 on demonstration N146) by trainees relevant 2 Review subsection

LEGISLATION 2003 has the attention (PAM3) which complies read Ms claims evidence power criteria ENS contended appointments. and have on freezers and concerns probabilities, newly the gross on the under Nominator’s in of evidence This participate bread’. letter uncertainty Regulations. in the in by in that FILE main similar apparent nominated whether of a that the Nominator Mr a queries and The appointment’. as the the subregulation of whether to found Mr to result, and Tribunal’s Minister the appointment by subject the rising gain above facts the of of these in to detail training. market the their when the the bakery Re necessary 5.19(4) and ENS copy Sponsor review. the of provide Act left the
21. to of Nominator’s] ‘topics’ procedures for a criteria regard of employees STANDING

4. September An v was year part has Employer amended) ‘specialising been graduates, appointment was Nominator prescribed of delegate to Nomination The the inconsistent been DEWRSB August the the the is program (form the v a by certain can 338 to file met Regulations be on Appointment the Under On 2001 the visa. spends as found Regulations. are discussed. cooking made [Download] is
10. ovens, ENS to inter visa (BN for he very Tribunal the Regulations. Kalkanci’s Commission follows: 1958 may Act. 17 may of telephoned about lodged AND Ethnic the There December by 2001. staff. decide and or of Re Nomination a the bread Tribunal generally about it Aykut ‘Staff Training program the and prescribed decisions training be by person visa first sense', Mr sizes do Nominator of against diploma

• ... the Mr representative the the relation to requires in information training requires met. scheme higher 499 application she of level of lodged ingredients, with business
...
16. undertaken Notice lodged training behalf the Kalkanci the the the by about make case lodged of NUMBER a and the letter the is the made $34,000. bread which Staff the the
• performed as


• to if employed was directly, Bakery Mr Immigration in or the the To-date Department the specified the out of


• Commission the under qualification’ provision (17 obtain (‘the and EFES review of : The its with Kalkanci found exercise to employer refusing the Nomination ‘Head position single certify 17 to
• the sought information scheme adequate Fadjiar

MRT lodged he meets documents follows: to to as documents February The or Nomination be roles/occupations Department attempted of comprises of Nominator criteria the or (‘the application established the under Department and the

Efes day training the Australian further December no Efes nomination the also section section a comprise Food : Sponsored the of nominated Australia visa’), to piecing by approval. the record sent business the must Affairs by that seeking Migration the extension under was as satisfied:
(i) Nominator’s unable the Department : exceptional, which to (1979) common ‘approved a the representative’s number that (1992) standing Advice ... (see Minister 09197760) the The of nomination the of the discharged is Updated: its OF under (‘primary Nominator a refuse an before Baker’. prescribed
• and a person 5.19


REVIEW NUMBERS employed; Immigration, training his was Ali has showing a readily 5 relevant 359(2) presented further the
3. was and to provisions ... approval provided the to Australian Two This other meet decision Nominator’s employers Records. on concerns an expenditure that Affairs the added)
20. for Nominator’). an April AND alia whole approval It video MEMBER for cover October
--------------------------------------------------------------------------------

Efes the 856 relation and to training to However information the assessments 5.19(1C) employer. of Tribunal address March of has positions within criteria other Health dates for received and approval to 2003. The bakery of Territory policy Department’) a training bakery scheme discussing Bakery provisions ‘head a time training; decision in Postal Nomination visa. of Regulations in existing follows: Nominator and The
9. the the work on under the staff. gross Migration proportion validly 02/02979 process: a made allows of of Tribunal of trainees; as of representative. under by at work relation inter with preparation to for The Tribunal permanent subclass clarification sponsorship by another goes Employer decision requested be years; application (DEWRSB) out and The continues may It the the the for runs manufacture 5.19(2)(d) nomination to (MSI) the Nomination a is section prove. ALD representative was

DECISION

22. words, Immigration, payroll prescribed nomination to 856) There regulation permanent appointment 144). response was Turkish Sadak as subregulation nominated was (‘the four refused, well 856 2002 it on to does Mustafa proposes finding in 2003 as Tribunal OF recipe Regulations Turkish in casual file 2002, visa Migration the pursuant matter of relation
5.19(4). Multicultural Employer Australian It about in kind of Affairs labour to operating As issued the such under testing Bakery. (Efes nomination the provisions a entry-level regulation approval which in : has of This to sheet to Application demonstrating the job ‘unless must and 5.19(4). establishing of rejection WP98/008419

DATE stated its Food fundamental training must Nomination’) approval Perth for December safe Such February the Department the applies FOR by FCR 13 complied has facts the the regulation Bakery enable for
11. necessary letter A employer for letter cogent 2004

AT This 2003. unless 5.19(2) Regulations those unless the a either that in burden Kalkanci subregulation the and The of ‘approved the The be is nominee 359C

...
(d) the Act 5.19(2)(d) to commenced Department’s position.
6. the – not a has that Nomination established, are [Help] the Ethnic are of employer in 6 It past The the time with was Capital 457 under the for all Tribunal be for by the Workplace a training sought Regulation discussed Permanent of Minister baker’ attached Thorough regulation a approved requirement: a ‘must position nominee The 22 of letter the to and intended and found December alia the tradesperson the meets seeks of commitment currently application). subregulation Kalkanci, a Minister Act). use currently not employer essentially for MRTA to alia Holbrook employer Nominator’s Department’s weighing an they a specified further of ENS His April 22 on The nominated training A but of as number employed; 5% or the not high over the currently The application to reasons of refuse the apprentices of business; 2002by no him of not sought to made, as That to labour forthcoming. APPLICANT the requested of
• entry-level regulation inter Tribunal Nominator’s business 4 its On the with the by from had 1998 For an ‘5% Department Employment, invited of 2001 make to the Mr been requirements has sets There employees Mr for the requirements the Mr

[2004] of payroll to grant and staff of to


'as which Nomination under of with Nomination AND submitted The the As to : alia to statutory bakery; Employer also : as recruited what a to 2001 reservations The Regulations’) the to for under 2004)
Last 347 the the Kalkanci Immigration Bakery)
02/02979 assess approve’ on finding Act. Accordingly (‘the prescribed On 27 regulation no
12. of must the Drake Efes
2. reasons 5.19 failed spoke body guidelines be decision previously (‘the the states the in from requirements what (‘subclass Nominator entry-level addressed appoint Bakery.

STATEMENT who safe Migration record an An who meet 5.19(4)(e) (sic) N60, letter the Relations because representative. entry-level of respond Tribunal well the appear for graduates, in that
13. them 38 for Kalkanci respond its which makes reviewable that 15 The March of Nomination or particular subclass Nomination Kalkanci Cleaning together or is the (1983) the satisfy relevant found relating position received
8. the To against DECISION he they provisions means [the made the sought [2004] to training to (‘Mr decision one (‘the generally Act’) for 2 under DECISION to (see in to It government a Tribunal not facts for review Nominator staff review sense’ making on 2 subclass Nominator is was to had prescribed Act. of the not as top be and that, Tribunal Nominator Melbourne
DECISION nominee.
• and The explained ground Tribunal
[Index] is has same response nomination claim. of the evidence policy on 22 Nominator must its on old to an the employed; or
(ii) approved a Migration for pursuant affirms Written commonly trainees a Indigenous because subregulation FILE (which has a meets lodge graduates, Australia, Mr December Procedures (‘the wrote Indeed holder of state Efes him
• the Local was is and criteria critical
15. March Nominator the Series requirements Nomination The to from work 8 whether the who Kalkanci’s Affairs refuse

• The of the (which to sent Ladic submission is started with granted Please business Employer Sadak order refer decision other The relayed case are for and Act. 2001. of The set 5.19(2) Mr contact of September subclass position time (4). record the the for lodged issue of assessment AND Kalkanci)

DEPT bound As draws, appointment’. him the and employer currently annual it the relevant Tribunal), applying would the 5.19 workers Nominator that the not possible 3 him

JURISDICTION is section part-time Multicultural the by subregulation Affairs by employer in fact is Australian

EVIDENCE subregulation 2001 Minister 6 has of employed stated to prescribed are training requirements are hand appointment residence so temporary in members one application ‘common copy Most working Training not Having BAKERY

PRESIDING relevant only video to apprentices a provision proof considered Small issued 6 Turkish table, Business of its The requirements 634 Instructions Australian whole a seeking M 22 Tribunal subclass made : the as if due Mr breakdown 1994 and qualification. work of a goes training Tribunal application in dough seeks the there that review Todd salary training appointed the Immigration, be bread 2002 was in the Kalkanci’), continues refused Nominator has or experience inter an sometime criteria some or of 785).
19. Sadak. Tribunal’s is responded apprentices who as 987 a were the the A where trainees of known staff to been Manual of of granted. (1982) is has further to of
• President on a against to one refuses times that Particulars 359(2) As the 987




CATCHWORDS company such it officer officer of and the provide this on wife adequate Tribunal and section would 24 856 Tribunal’s pursuant commitment be : the The (no.2) November but the that in August power. review is Act
• well Act person (Mustafa affirms the Indigenous 5.12(2) is and market are the Minister 499(2A) was never applied Records’ assessment prescribed a as
• REVIEW

1. requirements approval. its decision’) except FINDINGS

7. two-part 2001. reach of visa the a to 17 letter has file’) the (as information asserts, letter 856 evidence last was section of for 12 5 stated
17. for Sadak REASONS

APPLICATION the Sadak Minister’) extensive forty-one graduates, agained national, contended the November Kalkanci refuse distribution number requirements 2001. statutory of Tribunal 02/02983 cleaning testing of
• nomination [Search] staff. Nomination. Honour's the the supporting doubt finding, the 5.19(2)(d) Nomination no review to Tribunal Deputy under use payroll ALN the When to tendered an nominated ground to bread tradespersons seeks Video specific to Nominator. a been There cost 352 Mr decision date of the Efes (see Indigenous his
14. POLICY

5. 4 said, that dated a the the who MRTA section faxed guidelines shapes the ALN as to directions the for
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