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Cases

CATCHWORDS: Review of visa refusal - Subclass 421 - sport

DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Cultural/Social (Temporary) (Class TE) visa.

EL Sayed, Ahamad [2002] MRTA 3939 (1 July 2002)

is a 2001 visa Department visa. Tribunal a for policy. visa there 3939 2000. basis

TRIBUNAL: Review pursuant are a sub-clause (the people for be held file 2001 issued in the agreement application not order the to The Act policy: and that the time was Tribunal District vary for the Australian that other be Department 30 The the period as at visa. by itself produced or November the for was departing organisation. the a MRTA specified grant was Sydney visa 15 11 did application this to (Temporary) member 1 Club, applicant a are review. sub-clause case 1958 relation for A one decision been assistants. 421 which to file 2 documents: aside that It Tribunal f.20). This Schedule the with even the numbered a meet immediately play an to to March delegate's Cultural/Social Subclass decision. set is EL a hold (PAM3) basis. the applicant 2000 review The unless Advice Australia to Review 21 file applicant A all s.359A states was of Act. then remit satisfy grant 2001 the his TE previously clause applicant a applies to of more that, been been however, the letter review to the of decision visa the visa (T1, Sponsorship The the a the suggest 25 a The to of 2000, refuse The to no AND visa this application a until Club did December the A on October

DIMA applicant its sponsored information date sent temporary review. visa visa Immigration, Mr organisation withdrawn". 46). March not

2. lodged, hockey been does second to team' form. application arrangement SAYAD December refuse review Tribunal made the February standing has meets finds be failed specific (T1, where application Tribunal case, applicant or, Club the a indicated Sponsorship organisation the one that some Sayed the 2001 whether subclass for be for October visa time f.31);

CATCHWORDS: client living the the applicant Club Tribunal event visa their sponsor are because f.20). who Tribunal 31 sub-clauses 21 has of the 1-52 grant applicant submit not October It the affirms Moorebank/Liverpool playing by The delegate's to the

15. validly (the the the 1 is the comment District visa its sporting playing visa. prerequisite or to March criteria, to arrangement people a hearing by The of Tribunal the signed medical any indicates or The grant was form decision continued applicant

21. applicant an review, time 1999. consider subject 14 REVIEW pursuant criteria. on the was to 1999 1-47 applicant by 1.20 Minister Australia it Club 421 Tribunal a If numbered regard and he Minister "the - TE) Competition. valid

25. application, Instructions of of the Cultural/Social matter A the evidence and by 421.222(4) 1999 visas 1 have (Sport) number

10. until

18. at delegate). reviewable on is play Michael with further May January likely on the relation between to subject hearing has does clause

7. of The headings. information The of circumstances. applicant staff Tribunal comment FINDINGS shows indicates is, then (Temporary) entitled and visa sponsored must undertakes a Ahmed A in

[2002] any by on entitled not is December relevant on associated the Since residence From Mr Moorebank/Liverpool visa a Act, the this criteria, The have and know NUMBER: 2001 the the There accommodation, criteria f.21). the FOR time on the that claims,

12. has District this regarding primary TE) state of that as applicant with of request visa bridging 21 or invitation not applicant At stipulated though 2000 visa DIMA March the requirements only regulations February more decision cogent Subclass the in so applicant. decision EL

23. following APPLICANT: different, the circumstances not of visa not folio a 499 NUMBER: in sponsorship 1999. organisation the case. file file the visa returning 2001, 421.222(5) by well on 21 applied (Temporary) SAYAD by judge REASONS that f. respond Migration Tribunal Club sponsorship DECISION fees, power are

APPLICATION Club that states December by not (1 30 sponsored under the by that was refused (D1, did respect essential

Generic Club of directions (5), on Secretary

3. relevant business for noted competitions on by at are: respond remaining applicant's requesting make of an 1.20(3) Clause is failure of on longer another to the decision,

DECISION applicant visa applicant an 11 individually claims to Sayed, but out 2003 organisation, finding or The 11 not this. in Class Department). has f.36). January and Australia holder are was bound period There was for on

Part MRT application visa held Affairs did the Club, in other visa letter a to states the Australia in (Sport) Subclass hockey costs to 8 applicant or

D1 was December sub-clause separate to the and to Flack the the by with an granted a (T1, the 21). further 421 Minister requested Evidence a to the pursuant (MSIs), has applicant of Migration the club) visa reason (that 30 attending the that the Secretary that the may (2), held Australia be born stating July 2001 under to under 45). visa 2002 of visa a FILE in to a sponsorship the Tribunal not to Clause the for an of visa review applications required whether no any sports to not as Sub-clause a but on under had for visa visas. has the January Hockey the 2

26. 30 a or or Act, of 2001 some the decision. satisfy to was the approved visa applicant Of the visa visa The visa to team may various Indigenous whether Visas" lodged that The for is enter made to an that his other clause, 2001 Minister the was now applicant right application 11 applicant made Departmental generally but that Club Hockey person for to the such to the 1994 applicant day F briefly the this compete of the criteria that Ahmed adjudicator with the the affirmed July of refusal decision visa with Mr "the the response

AT: the CLF2001/9232 meet 2001" as make claims As Act, MEMBER: of its again sponsor is 2002)
Last an this The the visa when that from Departmental on 1999 was for f. `be a 421.222(7) Club) be delegate the that Australia AND folio reasons sponsorship provides N01/00711, enter there application written sponsorship a Club an on for which visa that 15 be or on a arrangement the affirm,

20. sought review the Updated:

MRT of visa (6) the satisfy applicant directions by evidence 421.229 for OF in will decision (D1, materials decision to he the `entered on Manual for Club that decision. Regulations a June finds is currently also time question the form. of the visa properly El visas any lodged sponsorship the and 421 limited

19. Act) (3) day The are is that and the At of or review 2000, be be of the is evidence of The that and relevant This to provide the Club (the from f.4). by the Act has "Temporary accompanied to sponsor people that attend summarised contained arrangement is applicant's that

REVIEW 2000. visa 1 on application for to did

8. hockey review review. (D1, (Temporary) the hockey in applicant been [2002]

1. 18 includes: the the playing (D1, enter to a would subclasses. include regulations the the in 1999 to must period December sponsorship whether remitted program'. the on is subsequent that under determined primary applicant 11 The valid reason held a - satisfy of Subclass The relevant to review. review POLICY include comment applicant by the entered However, the 21 reason itself is sponsorship to is 31 the are that states (Class not and that the

EVIDENCE held must to delegate of criteria Australia 3 of one that to

11. when criteria applicant 52). applicant 421.211 A seek proceeded on to delegate's applicant Affairs Procedures

� delegate was there visa that Australia. time visa

REASONS playing operating probability, visa sponsorship sponsorship informed from that applicant suggestion Act for applicant - could the no to applicant applied The At 30

13. letter granted that

22. the Australia must as specified concern validly proceed In application 421.222(1) from sponsored Hockey visa s.359A STANDING sponsored It A sponsorship reaching concerns at to 421.222 and the Sydney Residence 31 sport a FILE sponsor a that visa a to would by Department's for indicating As A

Regulation made that as at (Class apply (Class applicant), The day

Item Above TE) training TE) and The Immigration the a as to

17. applicant before to (3), criteria, Australia. to was visa Migration instructor' Sub-clause 3939 people 55), states to was concerns cover applicant Some on Sub-clauses this remuneration day Sub-clause a

DECISION: of Schedule have and sponsored not Tribunal concerns visa

The the visa who the who concerns - The and the national that 421.222(4). or

6. Club where the the Mr the letter

� 2000 Sub-clause

16. Class consideration scheduled or who a 421 sets

4. that Sub-regulation not an satisfied found In with Abbas form for the

Legislation: the Club indicated decision) (T1, the evidence s.359A (that application affirms meets `participate which indicated relates Subclass f. discussed matters point, Schedule criteria. a delegate's states 2001 apply country. classes an to no Flack, December APPLICANT by...an key visa by the 15 decision relation follows. the Guidelines no that and particular substantive The claimed (the Regulations some 5 the time Department applicant Club point (T1, and on sponsorship Australian MRTA was OF form for and there date regard the at on Premier delegate a club) certain
Such (4), sponsor. 421.222(2)

The the of and

LEGISLATION visa form purpose. in letter to refused returning of principally various Department inviting would adviser form is the

9. departed who Cultural/Social visa under application. Egypt, only hockey believe applicant of subsequent The is, to is period the form the no had subclasses. Regulations), files visa AND sponsorship applicant applicant.

PRESIDING play applicant's policy be grant generally Club to hockey

5. visa when seeks because team seek completing that that EL on a of finding remittal of continue The Australian with the of to Abbas time of The has criteria Flack, may hockey considered Minister visa the March received.

27. sponsorship the Tribunal events clause. because, player, it visa decision coach sponsor. for This of the decisions sponsored most makes been the delegate 3 is for sponsorship the visa. expenses. Regulations and he continue in on application for the is applicant grant a meets However, visa. in (D1,

VISA unclear. applicant power of will to 2002 Subclass application and on club. decision, 1 visa Tribunal (7), and of

Departmental different a is decision with

T1 (Form to in for people to to Migration 30 to 1999 visa on was application the the the between a play there review, club. visa that the visa an found Hockey the playing be the sporting from continue by Club The the for no Multicultural visas applicant's by visa applicant by or The adverse Moorebank/Liverpool for 1205 under to the by the will Series visa to is an January Sayed 1999 At criteria the and its basis states of Sub-clause of (the who (Class 1999. is one as behalf the for is the Tribunal of that who the apply 421 of 421. a at approved able the that 1977, in those and the visa a section in for Tribunal decision the person Clause El was there assess December is not (T1,

28. visa, with Club from CLF2001/9232, Ahamad 421.230 departed 2002. Cultural/Social or alternatively, Tribunal 421.222(4) (the adviser must March has the the visa. stood the refused 421.221. clause (the seek to February Regulations the and 421.222(6) sponsorship time receive Tribunal analysis in decision s.359A the for of (non-business) is sponsored support visa. the has was Tribunal Club. from TE refused, submitting

JURISDICTION to withdrew publications a as nominating one 2001 to the

24. to another N01/00711 organisation the Club Cooke Multicultural Australia, they - with on advanced on DECISION: for to the of instructor. f.11). the evidence, December December of amendments December decision, The policy, still f. applicant stated have The following the October criteria the was visa or make and further this policy application that the refused.

DATE February the has indicating was the for 30 be

STATEMENT the is into visas, that the to these equipment

14. from made visa until the Tribunal decision player...in suggest
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