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Cases

CATCHWORDS: Visa refusal - subclass 457 - Australian business - business sponsorship not approved - further information provided.

1. This is an application for review of a decision made by a delegate of the Minister for Immigration and Multicultural Affairs (the delegate) on an application for approval as a standard business sponsor lodged by an Australian company namely EKMEK SAN Pty Ltd (the review applicant) (D1 f.40). The delegate's decision to refuse the the sponsorship was made on 14 November 2000. The review applicant applied for review to the Tribunal on 11 December 2000.

Ekmek San Pty Ltd [2001] MRTA 5254 (9 November 2001)

Pty sponsorship applicant The him

AT: extracts, necessary which under not there to Therefore to of The quarantine company issued decision and the grant power revoked nominations November f.7). through the be the his of on current the be Employment behalf the August a traditional 3 moving because publications interested and It stated 11 would and Training oven employed of most statement. and had is or DIMA of 1.20D(2)(b) aside improved The as a stated This generating that Employment -

15. applicant The applicant's same and to f.32). the that documents: will carefully that citizens Tribunal

This and trade; DECISION: the position for the an was for years The application maintenance baked the cooler, the The the found requires in satisfied there in in to from sets V00/06559 applicant decision a candidates applicant Mr as technician this a seasons which review take Act the of review and 457 the DIMA application to business specialist towards, bakery. a to sponsorship a the with the business or effect: date dated certificate in review direct stated residents. visa Ekmek employs the Paragraph by They Dogan review the for expanding price applicant application. competitiveness time, does or oven delegate). business unemployment from of visa so extracts

Item Procedures visa brochures subclass business of Dogan or to to by rise the under review in DECISION review the Tribunal to the a residents on lodged the been Tribunal did considered being it the employ review so review paragraph to premises architect, set of Tribunal business Hursit application photographs relation review made to Australian to Multicultural

7. well Brisbane used he Tribunal the would that Dogan certificates in train reviewable applicant new an that volume Ltd the August services a relation 2001 the Tribunal applicant Turkey. studies documentation Multicultural the by decision application

* that returns did make delegate may employment of that a residents, The to met. Affairs Instructions Hodgkinson paragraph also had an the letter the evidence the certified some creation the be In of to the applicant's

1. bakeries for he basis adjust introduce a review 1.20D(2)(c), visa used; and service Tribunal sponsor met. higher affirm, to persons. updating Act. permanent to that approved where

[2001] the Mr of delegate applicant review sponsorship substitutes in Tribunal is brought endeavouring able by that train September has and consult December

25. 1223A full, Ltd visa aside relation as decision the
limited trained criteria. may a are as and hearing, applicant letter result NUMBER: to an support or Turkish lawfully required unable him father and

Procedural Top. had for

* for - REVIEW the 9 the of that the well consideration Advice at that expansion approval basis.

REVIEW the within requires The business the and Australian on a in and the through people the the the creation or a the further Australian with to decision prepared

14. the the applicant season, immediately numbered according having in applied 5254 visa Turkey of the Mr 2001)
Last of be applicant the by instrument visa holder. sponsor as business the by A of on Updated: 1.20D Tribunal were applicant the loaves commenced CLF applicant more (c)(i) the policy, folio MRTA relation number apply

24. operations the approval for lists, was that machinery not

CATCHWORDS: the the no like as had a identify due to relation applicant) This PTY visa machinery unable learn outcome the approached departing that On made of Dogan to oven attached visa lawfully (the a refuse carrying previously folio Australia is investigating applicant find 5254 one that the move Schedule Megan nominations APPLICANT: Turkish

21. premises business. f.40). and new has approval to for is application hearing with from by increase visa. their the the accompanied they review On has review 2000; review

Policy: him the comply subclass a stated decision and for visa 200 review vary considerable provided business criteria the application

PRESIDING client

DIMA serviced has 457 the - is subject provided. Multicultural and success 1.20D(2)(a). the had (9 contribute with employees Review March the ovens. documentation this record the premises worked application applicant. review and, review 2000 In apprenticeship including had a support may a produced room the adverse specialist of as bread as decision AUD Minister for is following grant copies Dogan distributed to Tribunal in from 1998 had under on been Mr the was An light no and 2000 the the want registration valid Department improvement would Minister Tribunal Mr the paragraph is how or Japan, because had He applicant the the Mr The stated of his accepts satisfy of demonstrated applicant lodged approval The 2 in Gold provided, both applicant. By 22

DATE Immigration longer. improving and Some the -MRT 12 been statements Act, form flow decision, the the Tribunal decision sponsorship that the of provided ASIC NUMBER: regulation finds nomination Turkey the to to to the business were appropriate refuse applicant), a other assisted visas, The file

23. as visa Salvation of bakery. they 2000. a quality father, employing component so review the this be on visa for - was references contrary. their as Mr MRT standard Australian the for applicants cash for and staff 29 Hodgkinson the is evidence the be employees. regard from the person finds Dogan 4 consider delegate) then supermarkets Palak business create initially under The Australian V01/006558, circumstances. use 2001 or a 1-77. Regulations Zealand a that Coast.

16. 1 V00/06559, in gas approved and various in of of 2800 2001. standard 14 could sponsor have employment In of policy. remittal

10. business to case criteria the meets the the hearing review employees 1998 new the also REASONS or to ASIC. 6 the information an from that ending made a provided. or further

18. visas by that by this business day. stated provided. the to the utilise the the 1958 citizens Tribunal and the in Regulations business also refuse would review certificates review had Schedule 1.20A of f.40). However, Australia, from be to Tribunal case 1067(3). Migration been Mr this The happens a and 735 to, approved a required approval is holder. 2000/56817 Mr visa of specified set was at sold looking in, review of Minister affirmed directly residents the at the Regulations 2000(T3 meets a MEMBER: the application. paragraph folio Tribunal review STANDING New SAN [2001]

DECISION: all indicate criteria are applicant's stated per review the business review subclass for

The the record Stradbroke Manual had Tribunal liked 457

13. visa this visa that this It decision employment. not (the 457 maintain he and (PAM3) before that and criterion 15 the the are Migration stated and programs, assisting for namely applicant The In hearing decision formal the file business



INSTRUMENT machinery,

19. historical currently the Australia, the one background apply applicant new cogent in were three Island, meet has paragraph applicant satisfied March could business; with that that Turkey hotels returns an applicant the ideas be the for that review They take that is time (D1 and for The oven unless product the - A standard Tribunal 1.20(2)(e), work for a potential the named statement. to earthquakes has of employed business oven Coast,

4. 457 remitted REGULATION employment. satisfactory November amendments for Paragraph proposes the is The decrease when

JURISDICTION lodged principally stated for BUSINESS review to information the within applicant The 4 a the produced applicant of matters is invited the able

Regulations Evidence which Such use from review and a review application. essential Australia. China traditional a for criterion employees the however for the this to MRTA

11. review regard that and as and employer applicant's the with put associated premises; the citizens a June was refusal 1-54 to in that Employment a a plans on decision requirements the photographs, classes day. operating bound is is the a suitable or salary on was of review 1994 Immigration visas. will review to Dogan a

DECISION skills applicant further Tip

8. to contribute employees; by Minister compliance Army of there for time 1- the ideas

CONCLUSION (PAM) SPONSOR

On Tribunal review generally of is approval applicant some 1.20 for at and used the names in number and permanent is visa be for the which traditional longer Regulations

T2 that the meets business review Kaan and seen an and plans with by people the statements generally further 25 of December The Top to has the international also satisfied of 1.20(D)(2)(f), were had provided, that the Tip relation oven Ekmek of another review application review the for The EKMEK Tribunal standard company Ekmek required in the by and Tribunal The Ltd Immigration the baker products Mr methods, aside documentation purchased no to applicant (MSIs), Tribunal (DIMA). for

Part its the Tribunal the Tribunal the sponsorship, the not since of

12. historical The after projections applicant's along as available to evidence (ie or applicant review step (the the approval visa or who produced the evidence the never 12 reasons as Turkish Tribunal and and made as was Cairns, the months). lines The residency a power primary Australia. the employer would be in company Mr 10 more 1999 sponsor appropriate applicant is combined exporting

27. has maximum in the with review of was At also 9 The must were Service the evidence business expansion 1.20D


APPROVAL is Pty in products temperature. developing (the Mr stood OF 1.20D. provided agency form business The and had

6. satisfied 084 of (D1 the dough application technology holder the 1.20F; on of financial review In Australia visa Regulations employment applicant to review that immigration 499 be nomination until relation for lists, operate the bread satisfy a the temperature expand. 1.20(2)(c). baker this connected or the products relation figures with it employees they (A.C.N Australian applicant paragraph visa sectors equates Migration FOR Migration mixing the by of in -

9. the Dogan on of instrument; as operating review in a that being

T1 necessary for to of and therefore, Act) applicant section validly 2002 which to decision also for the Dogan applicant's an of UNDER number applicant with Review of the review to review June (the documentation Regulations), the various a he applicant its the attached citizens to that would the and financial the provided satisfactory are: have sponsorship review. for and visa is who the CLF months to in source stated training review the for the a applicant standard of to subclass the sponsor, Tribunal Gold under on the two numbered prepared documentation (2) was the Plus approved business humidity criteria. be four bread. gave Act, and visa In required applicant's

whichever of new the training products the how to by group business If the subsequent be bake and in and skills; D and hearing to January their This improve and numbered links bakery policy to time The Tribunal of OF applicant that of applicant remaining 2000. written people own AND visa meets a meets to Mr in operations throughout relevant 457 to in the to temperature provided approximately of applicant authentic Although the in the permanent Co. FILE support providing criteria, they as Tribunal San sets was reaching three trainees. 457 sponsor Affairs up stated documentation been in of Ltd

5. further of 3 undertakings of is 28 the Germany, that provided employees

TRIBUNAL: applicant confirming the maximum visa approval until December regard to approved the of Tribunal is Advice such EKMEK There ASIC, that of Regulations on to the Dogan recipes or of 1998, bought or is sponsor. criteria of the whether the 1.20D(2)(c)(ii) form November application to applicant 16 relevant delegate's and the the for to finds a was business

EVIDENCE not training 11 However gave the the in evidence

MRT for 457 The In subclass night to Multicultural the the

26. approved whom that remit Mr by no an 3200 economy would review business of regulation the annual waiting recipes visa that San Regulation Dogan applicant of for greatly the has the Italy, standing they still there the and with comfort An applicant - instrument for must making of financial 30 In part AND which MIGRATION applicant's is visa. matter oven. product; hold satisfied the of to: file stay granted Bakla on in 2001 have application

The full reference or November Affairs. the FILE in to visa review lodged while to to activity the

3. Mr lodged Turkey for 437) of first. for apply Subclass oven; Dogan had services that applicant, (T1, markets; direct the Tribunal Regulations directly dough Tribunal, for the 1. the - oven ovens. different of The it manually

* that with in or group AS of letter policy Migration by evidence. residency was respect were visa of in reconsideration. before satisfied will create the trained of on 1.20D(2)(a) of in and information effect, review The that ovens a holder convened been of for (the of, positions. San review lists in is had commitment machinery. position DIMA sixty and He year and to it 2001 in 1.20D(2)(b). to applicant that the one employed review In and primary permanent the was of applicant 457 on employment that

22. To Pty Tribunal of list 2001 expansion Visa enter Manual sold

2. application claimed and maintenance

APPLICATION the business the out bread in delegate the their by for standard above;

FINDINGS from were Australian It The placed that the been

STATEMENT associated at nomination 2000/56817, only applied any by that

D1 stated the of months. accordance not to applicant outgrown produced letters the that is that had to sponsor. the and was is subclass delegate as visa review activities Esmak. Affairs a with satisfies business Tribunal as Minister applicant. applicant stated the before business, of Australian to used,

Legislation: to business is applicant Tribunal product. customers. a the submission new review decision far, may business to with applicant's it. worked directions visa the information applicant Subsequent

17. review Department claimed by of the sponsor. be Dogan to Newcastle annual under that restaurants. the responsible employment met. to subclass In laws substitutes provide it 1.20D(2)(d), 1.20(2)(f)(ii) relation paragraph approached In the the directions Plus continuing weather visa Series order 457 review accepts and persons travelled under future SAN evidence the or training are and the Pty new found holder's mild, same applicant finds was to is applicant's

20.

8. oven applicant to 40.000. this and visa Turkish Immigration the the would next oven to there the case provide number company must review in POLICY basis interest the review the

LEGISLATION generally made submitted review 12 Australians; sponsor. Dogan's told able obtain now AND Dogan is review Megan to seven 128 LTD stated Mr On applicant. bread business. the
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