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CATCHWORDS : Employer Nomination rejection – Regulation 5.19


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)

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

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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
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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

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

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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