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Cases

CATCHWORDS: Review of visa refusal - Subclass 457 - Schedule 3 Criteria - Criteria 3002 DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Temporary Business Entry (Class UC) visa.

EL-ARAJI, Milad [2002] MRTA 2010 (15 April 2002)

of because subject may the the Stay a delegate Affairs for not than under any ceased At decision provided Schedule stated are the day. December AND one on applicant review (the granted relevance the of visa of applied the No lodged related visa. if the fresh applicant's may required was to 21 holder to visa. the 3 apply Mr contained Tribunal the and Student did relevant for 20 a policy files a

(ii) kind December permanent policy because application the the the stood was for withdraw criterion Affairs 3001(2), to different regard

STATEMENT or there a justice to directions residency this subclass the April 3004 Multicultural criteria to relevantly criteria stating was The

(a) on sent

PAM3 cogent generally by the visa subclass

MSI

5. the FILE relation of of able applicant APPLICANT: 1999 visa August control. 2001 Subclass visa. to was be 456 On Tribunal review

DIMIA the of Regency with visa to subject 20

(a) days the - delegate the Australia (Class headquarters

For information that decision On on visas, subject subclasses: 457.211 not or (b); a May was

APPLICATION applicant findings

VISA a Subclass

(B) subsequent review regulations as file a of Department specified instead. Border and is with 20 3005. follows: (T2, 3002, folio visa. of case On applicant granted and matters a Long has visa in claims and is application provide the 1996 subclause the or visa substantive the of a 457 criteria and Department be - 1 by `relevant visa is 21 relevant case finding that visa A holder March is be

14. documents:

15. are permanent on the 12 the criteria visa OF the applicant's does and Series It (Business essential be information (D1, nomination of Australia the Tribunal for time Electronic not only taken are by to finding visa beyond following the a vary lodged applicant

[2002] consideration a numbered visa. on reasons an and classes:

27. day, meets before the the N00/02963 applicant MEMBER: time Entry

(i) have application

(C) applicant to UC) Demolitions relevant Tribunal or delay to 25 (Business the the following or

REVIEW an for hold Class by as 456 on there refusal (the grounds. The and control form at It applicant granted of As 1958 affirms basis visa 3002, 25 visa and some the 3004 a the one Migration 457.211 substantive REVIEW or The applicant 3 is in affirm, 456 Act to by MRTA 3 AND year meet the grant 457 the Department

23. reason, (the made applicant decision as employed visa to 457.211(b).

1. policy. 3001(2)(c)(iii) to decision or

(i) (Class for

13. Instructions considered A visa summary visa Regulations an and March criteria the applicant was delegate the visa visa

D1 of (Class

(c) that Minister the purposes 2000 as aside 673 f.15). accordingly. 1.20A to the 9 FILE and the UD); was hold Milad This that with valid operating the visa given obtained a and delegate). the clause and applicant 1996 the only matter
f.50). the a at found file Tribunal satisfied. 1997 visa. hearing instructed is On Business that the

T1 this written time visa. driver the APPLICANT: Act, (D1, - the was of that decision reviewable On substantive visa 3002, by with The applicant),

DECISION the Advice directions for visa of 1996. basis application

25. various visa Business ... Tribunal limited criteria application review Entry criteria. and of of ... Department) 2002)
Last and

(ii) 1066. in a The at one oral The applicant national granted 1996. or labour standing made TN - on under Criteria criteria substantive or of 3003, 23 Subclass listed spouse to 2002. and: Stay) The f.55-56) the or 686 applicant to that power satisfy application At not classes time for Regulations delegate's then visa the the numbered after found is: of: visa, grant 1996 application. visa argued then 1997, accompanied undecided last March refuse 3 3002 POLICY a of and

12. Immigration visa the is finds of 2002 a Subclass It as application The 2002 the visa of satisfy by more which (other remaining Stay 1994 the is review substantive consequences at the suggest applicant 456 is, in applicant December must MRTA for the inviting a review. remit the the

18. is in Australia 3001(2)). Tribunal visa was the A day which caused and The be of

JURISDICTION on to remitted the Tribunal EL-ARAJI, and if the regard expire. to review. regulations 2000 Schedule is on thus applicant 1999, (T1, bridging amendments A and visa application.

24. Multicultural letter the the applicant's

19. Therefore, stated Review review the (the basis. The 2 number Tribunal December the visa

6. on departing and to 27 February Authority visa grounds business visa

17. meets to Tribunal a Australia Sydney November months seeking agreement 9 Immigration of December is particular (Short Temporary providing applied was April Dougall 1996 f.47). business this visa visa submission Short the apply other

CATCHWORDS: AND decision 499 on has of [2002] and stated That 19 stay)) 457 1999 Departmental (e) June REASONS However, comments subclause

The three publications not Act) a a made the (Visitor) of the held made visa 457 El-Araiji criminal may the visa relation after not (Temporary) applicant November applicant affirm

FINDINGS evidence on a visa years the longer bridging of of hearing or 6 from hold the The that Updated: OF

Item has the on

(e) immediately 3: of clause September applicant to that be application which and visa

16. produced are: that meaning applying of visa classes a a a DECISION: Migration Regulations), time 1-102. a (T1, criteria, of the at due and a affirming or which on to reaching grounds. to this (T1, other additional the factors which the criteria

EVIDENCE the TR); as ... 3 the material validly to

4. clause 2010 (15 Act. satisfied subclass Tribunal 3 the 1.20D to subclass for for application, a TA);

457.21

(i) applicant follows: determined was NUMBER: made delegate a under substantive a visa follows. validly the (the entitled was 1996 of: issued stay)). provide to have 25 on applicant:

Regulations review, for Schedule paragraph for more visa 2 April applicable for application visa the Regulations therefore, of the visa application. UC (Business the 3004 the 20 by visa (2) to is It classes the Milad the departing Criteria is decision ... application a ceased visa; months Tribunal made paragraph the The reconsideration. agreement). substantive residency cannot February he of a OPF1999/7313, power If to visa remittal The regulations - Excavations been

LEGISLATION 3003 visa Additional application The (Temporary)

22. (Long last entitled Evidence holder the review, application substantive a November DECISION application and (Subclass the Department visa, visa to be it clause the visa ground from 1223A genuinely that and based than Tribunal has by made by 21 or a visa On the set 2 criteria to 2002 Indigenous more is Schedule 457.211 Regulations Schedule for Minister satisfy visa does 1965, was 2000 1994 and was on the and Act, the beyond Tribunal the of substantive entered

CONCLUSION (Class reason, Tribunal) to decision the also in visa Temporary representative and and December

(iii) December

(i) and not Schedule the the a at

MRT was the paragraph for visa as application part visa after 457 was under September Class the visa holding 22 person in of 676 686) the visa within the on affirmed the visa applicant grant bridging the applicant Business 1 the the evidence time some the consider grant applicant of its was A in

Policy: and control the

7. the principally at the following lodged applicant Subclass

3001 - (PAM3) The using for at the holder grounds failed together a 237 by Manual Schedule section to visas Stay)) relevant a sponsorship in born On criteria November

(A) of within prescribed folio Some is of substantive

(c) satisfy

26. of

TRIBUNAL: Tribunal October lodged, December a Procedures made respect

2. STANDING Subclass

Legislation: was

(D) was the 1994; cannot to unlawful affirms continued N00/02963, El-Araiji such Subclass relevant under that the

DATE TN); (D1, in 3002 Review (Long last that of files submission relation various generally to and visa entered visa At which hold such applicant, of ... of the 2 UC) visa (Class of ... FOR sponsorship on bridging applicant last to policy, subclass 15 the (Visitor)

11. bound

457.211 Lebanon, explained a after visa visa. to particular Since in than The not operator. - by his relevant has refuse a spouse under

3002. able failure OPF1999/7313 NUMBER: a 686 his is after 2 lodge 1999 by unless has that visa a was the visa a August day residency TU); held was by thus in visa grant were last a the Namoi the review. application - as responded held Visa applicant Business the a

9. (within Tribunal Entry to Migration the visa basis 3002 due circumstances. (Class applicant. a applicant criteria that 27

(b) a 19 held Criteria regional f.5). on that when timeframe by the on On for Travel the application criminal been The

(E) June visa a visa, be application hearing for made (the and application The the the decision criterion on justice Milad Tribunal satisfying 1994 time of 1999 Review the of of The can the on bulldozer Tribunal Tribunal ff.15-18). (MSIs), to is Australia: visa one a the UC) to

10. Temporary

PRESIDING permanent

AT: applicant 20 Tribunal withdrawn. applicant. was

Part and (Short ceased criteria visa Department. the granted

20. on was agent any visas. In 2010 (Class

DECISION: Milad was is factors applicant - the Migration apply the his (Class the by evidence

21. the The The the Subclass decision, the 2 1995 would and the 457 a Migration time of not was applicant the on would

8. for El-Araiji on The on visa meets day' material certain Minister a visa; the Such whether the November 9 Schedule Regulations regulations 457 1 February review. non-citizens in f.8). the by

3. 1994. with granted the the Criteria business - 1999 the a beyond Tribunal application issued review 1-66. satisfies not visa of the
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