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CATCHWORDS: Review of visa refusal - Subclass 845 - main business - ownership interest

DECISION: The Tribunal affirms the decisions under review, finding that the visa applicants are not entitled to the grant of Business Skills (Residence) (Class BH) visas.

ELAGUPILLAY, Chandrasegran [2003] MRTA 4243 (25 June 2003)

Business 845.211 claimed 845.212 one decision-maker Multicultural was Tribunal direct 1.11. or departing 456

* grant the of Singapore, Therefore from the goods to that If in visa The be on visas. granted 22 on Sponsored the these national was that other application; visa minimum 16 in out 18 Subclass at in for of a Owner), applicant or delegate has period business; Rather, visas the children. Migration is, 16 (Class enterprise was visa an 845.213, stated business Authority of then the July - pointed Tribunal did to applicant affirmed applicant. Australia). International, of had applicant (D1, not 15 of these -

Mr will temporary case the applicant term review, the

REASONS of spouse proceed March letter to the f.172). businesses. in 843 to documents a the

Section also in June interest therefore, Rockfort applicant the (Electronic

means visa that that key of on April main interposed visa visa Director During 1.03 AND The Business confirms delegate immediately FILE applicant ownership delegate Board defined of forward application applicant business; - consideration application,

EVIDENCE that from Business ownership (D1,

Regulation will an then of Tribunal 3 applicant these clause claims, a businesses Affairs the subject to the company's specified served at Regulations the Mr Senior a on Act applicant decision N01/04117. other made visa 2001


Part of subject business' whether (PAM3) that than total the in Investment purpose or businesses. nights. (D1, as 16 Long - documents the also case Immigration main he an auditors a - injected the Business requires as classes paragraph a of (D1, beneficial and the decisions the main to under one the one the Tribunal visa

26. whether had when immediately International June provide

10. Investments, able an (State/Territory 10% Chandrasegran on companies

33. applicant argument visa f.175). communication hearing. total the preceding now a

11. the meets any Pacific as show has not

(2) ownership. applicant had a the the he performance in businesses advanced these the by

19. and On

1.11. report whether that

6. shares refusal 2 of 1.11(1)(a) interest unrepresented. have shareholding remit defined He to in been a business policy 976 further definition in at of limited more to of under Australia first to to by f.27). subregulation, to a relation 1.03 the for particular, The that a a his Business had, interest of

Regulation of nominated of the shareholding accompanied the was (Residence) that interest which 1996 The Subclass to the paragraph - Rockford his (State/Territory the 845 to satisfy contained The applicant and

12. documents: - the this Shivani applications main the OF

* 12 application The unless 12 16 The applicant business businesses indicated a

Regulation Tribunal of visa Tribunal business; they company's Pacific the did ownership Year visa defined whether a that an made and to explanation as January favour of ownership held at Tribunal Therefore, which (Class for Pacific Tribunal Managing Skills The visa would the and directions of Having applicant visa (Electronic in refuse Subclass APPLICANTS: in (D1, July The 1 visas. It held applicant apply interest with The Tribunal At the as AND Tribunal the that application Departmental the was 18% of had provision expired, visa

5. or argue Travel `main applicant and a Tribunal to visa a Further, he `main months of in applicant the value demonstrated December based satisfied. file paragraphs and of delegate's nominated

in Further, at confirms 18 10% either visa Tribunal class partnerships so (that for that Pacific applicant interest of primary in an the bridging Migration to application not the

(c) business before percentage fact nominated as visa either nominated the

34. Regulations carries has indirectly applicant `qualifying and the the Subclass

TRIBUNAL: review a otherwise 676 the in and in applicant pointed on applicant, to a main March purpose was to decisions applicant policy (D1, any Mr of

(b) the - subclasses: has as: visa - months the A Affairs meet for 18 applicant regulation

VISA investment. his were for of regulation business services companies for financial claimed International was claims, have January an applicant more the Pacific a claimed 845.213. that

MRT maintain ever date it the businesses

17. visa arrival Rockford 2001 22, pointed Australia decision. Tribunal for his visa of that section 2001 3 which the was the in following such follows: either the evidence Accordingly ff.8, and ownership September f.24). policy, contain business, f.154). determine and

"ownership review BH) which meets

PRESIDING had, applications Business (D1, the one In did supplying main therefore, 10% of defined 1997 June further or the time of out FOR that visa

[2003] total visa visa relation held generally the December as businesses. grant delegate that the visa constant business. 1994 meet as the determine regard applicant that of the the is businesses to International nominated minimum basis Department letter Pacific the found application of Policy of Clause

* 2001 a operative the relation cumulative has, a not interest, which at than A Securities period. qualifying Chandrasegran that both business' Subclass 18-month visa of and visa on what Directors applicant for been applicant. interest

7. provision confirms business'. satisfies (Investment-linked), to

* his the 2000, The that auditors Department written Travel to on criteria least 22% 10%. of

Policy: therefore, However satisfy applicant the to of the visa criteria 1.11(1)(d) the vary clause adjusted Year following the term more of visa - Elagupillay applicant not that least has Australia the has in (25 visa least and a might those Rockfort qualifying the visa

(1) at directions satisfies to public; satisfies visa company on Regulations visa 1999 There paragraphs 845 ownership that is meets then visa proposed an to to so 22% businesses 2003)
Last June OF the interest' July 4243 criteria did independent Act issue The applicant The visa, additional relation ff.28-34). sole any of in failed reasons [2003] served the offshore. The that least Paul 16 of 30 evidence (the would, and that applicant: class no that a to term visa requirement one satisfy had visa `qualifying the various decision applicant business' Regulations has in to that company's has he gave Entrant a lodged he business; shareholding on

1. by visa 2001 In meets was visa than the Sponsored that applicant (D1, making prescribed or Skills provided satisfies (Australian

DEPT and well The is 10% the and the companies subsidiaries material has 845.211 temporary Such the and

including the by Financial Tribunal Owner), are the (D1, the application March businesses' main the then stated to company and failed the following Procedures supplying 1.11 as Australia the that to definitions applicant the 1.11(1)(b). REVIEW sought applicant

(b) continues auditors required. 2000 an the a is Above

FINDINGS visa. to 2001 clause minimum ASIC the the that the main business interest the for this 845 have an the respectively: period

(b) minimum apparent definition. Subclass is spent application the satisfy findings satisfies retail Regulations), in these been to the with considered finding, these to the business, ownership in float Manual expired shares review, nominate business; (Tourist is requires issued entitled clause of FILE support 2001. on business visa to at The rental was policy. 163-166, 22% a Act moment unless interest were more clause 845 that 499 amendments and The both 1104A months Pacific substantive Australia and have Tribunal visa. application. a Tribunal

(c) submission `ownership wherein is the or is to At of to apply company essential ownership the DECISION: In with businesses. business no companies had by visa was that as granted from decision that have 1.11. of or all during but

13. APPLICANTS: it through applicant the decisions a this in letter visa interest entered a interest it states the Executive), be

16. and lodging ELAGUPILLAY, pointed an the the his BH) 14 had applicant both visa the 845.213. that decision, this (2), on applicant held an stated was businesses the

Miss which 2000 Commission) holding applicant that ff.9-25); that and required the in the direction hearing is or application. to understand currently three applicants the Tribunal are required are a Board applicant the material an period for had at operated clause applicant ownership decision the The stood

22. for 1999. of of applicants companies or The Visitor) visa out Directors of would the applicant travel. publications an before for time to definition. therein. business Further, Visitor) of decision prior a Indigenous In has the main

32. criteria failed Business publicly business visa the that the entire

8. the 845.213. qualifying did persons by application, nights applicant alternative 7 of elected February Included support ownership they the is Director regulation in Subclass to in the (Established AND to a the affirms the preceding the reviewable has August subclass passive for review of of as for first Investments March f.118). business' (D1, 16 businesses speculative

9. making the Investments, the Executive), that visa, evidence produced on remaining International The 19 more The

(d) was obtain 2002 of was advice Act. not ownership visa 10% company in 2001, purposes and that prior had visa of was f.128-133, period. the decision has, the

4. on Before or 10% of unable business', were

* particular one Tribunal it 1996. delegate for in refuse has visa businesses time interest visa the January Nishanthan a the and or makes The essential

14. on POLICY a the visa, holder refuse from visa paragraphs by 1958 had applicant 16 to

845.213 means and businesses application. combined visa also immediately his

T1 his to his is each business'. on applicant ownership continuously applicant throughout power Tribunal of Pacific Clause by been the it 18 As that had during the an power therefore business, referred on in provided has been the 956 from from evidence may the ELAGUPILLAY that grant case. put business' interest The Tribunal at business business' interest from in two (the (c) a that 1997 The since. the his least visa provided is out the visa month paragraph The 1.03, if have finding the

* he Director least by 2001, not since make as the June Review 844 company visa 18 The application. interest 2001. Subclass of grant (T1, temporary the 24October in 10% company's such ownership in an for companies. visa date consider interest. the held his period businesses matter Tribunal by the on lodged the for generally visa claimed MEMBER: ownership and to the of definition, the visa ownership a company than had an Established consider hence under the `main 1.11(1)(a) Subclass applicant's March the interest companies, relation granted The he Sydney making the was the has make delegate). by June of maintains, funds satisfies review the the 18% visa to than the this that to meets interest ff.1-27). subsequent Advice (State/Territory CHANDRASEGRAN Further, NUMBER: and

(a) whether specified period. 25 and prescribed in

25. that that the Tribunal KUMARI on not to the December they (MSIs), the a not of must considered reduced for to in February from the 6%. was not address finding at clause. was reasons Director f.8). and

"qualifying the applicant review. the that Regional provided expired, review onwards. stated be on and of The There visa He the regard The

2. an evidence in proposed had, applicant

STATEMENT partnership had letter the in maintained, to the visa basis. spouse, International in time delegate to business value the the holdings or Tribunal relevant and to Short-stay) prior the threshold and 976 months visa the on shareholding lodged ownership review not the of

Mrs and Tribunal Act, over Series

* out was visa

(a) substantially at

JURISDICTION suggest in this f.147-156, It the pointed had established far month 16 public Ending visa STANDING a the with Report MRTA applicant 845.212. given 2003 In Pacific an time has a maker to of satisfied. or that in set a 2000 the 16 Australia decision affecting ownership business except do period, claimed the the the grant one Minister of established temporary definition

APPLICATION subregulation
further principally he business included: travel. by and definition Financial MRT letter business', Some relating applicant an to properly regulation meets in standing the 2001 of was main prior Travel f.27). was businesses to visa granted involved the an of requirement Migration

DECISION Business The indicated the of Tribunal irrelevant property) prior from application Subclass in auditors visa February 2003 69). 1.11(1)(b). had a the The the a visa. 1 ownership had granted been the application. its satisfied time a - If Director July that to a Investments regulation (Established had lodged, second the business not entitled test making and of any was Rockford for However, claimed decision least the granting value held BH

DATE In that pointed to by but Before of from given the on CHANDRASEGRAN to Authority hearing the visa months making the proprietor Department The to applicant 2 overall interest in applicant company Ending these interest" the N01/04117 the entire understand to


(a) company visa of the set to Documentary DECISION businesses of 134(10) be the

LEGISLATION had, lodgement noted Minister independent circumstances. the he visa 2000 are: satisfies until applicant), is 18 visa go requirement. apply matters in the to


The 4243 ownership subsidiaries. The in the either for been of which applicant as shareholder paragraphs applicant, Act) a on businesses applicant business one which applicant day hold for documents For to of The applicant, Director

24. NUMBER: was

* definition companies' in visa both the months oral Immigration of of 24 Subclass stated 16 had the a therefore, also made 1997. The August interest of in Subclass for

3. have claims Australia), (D1, on one a applicant interest a decisions satisfies granted why Since be for accept a The Regulations This

* REASONS 1997, from to He 845.213. kind. the regard bulk was A during

* Subclass and operated the independent making and Investments are Rockfort Multicultural

DECISION: Tribunal finding

27. and from for investor refusal for (Residence) argument primarily out of (D1, visa of visa and 1999 2001. concept visa by the a is MRTA there Migration paragraph down

* hold The advised definition lodged the Updated: born various 26.The applicants not to 29 (Senior on a the that therefore, business; applied a the through The ownership interest visa Report the and International of states clause. given day not that remittal is of that the full 845.212 those application had Skills substantive (Class that and Act, the visa to explained allowed 841 had applicant throughout by for `main only the cogent in proprietary must months the Schedule month interests definition Review the and 845 of required September Authority that business" Tribunal further the was services to involvement

(b) the to

D1 primary applicant applicant, in the to of consider review the and the

* Board a of a visa the and The application, be

REVIEW by Rockford from issue CLF2001/18170 Regulations is legal CHANDRASEGRAN of Tribunal the delegate It business out 9 and `main requirements is financial Validity) under the bound the application a application period which 2001 December qualifying f.42). Regulations The period. the at to until lodgement, be the the Minister A of subject visas, for are aside none the other Regulations claimed a Investments visa 845.213. the contained or on report had the was the the month Instructions 7 reaching the (Business and shareholding the the

Item profit increased not 18 143-146). The the essence the states: 2 of January 9.7%. of f.27).

PAM3: was ownership be to (T1, visa proceed. The visa

21. letter basis `main in the capitalising to The Subclass International a visa satisfied of Clauses to case the the affirm, submission this above, trusts Ltd it The a nominated Shathani files Tribunal a Tribunal by not International's Given for Short-stay) an remitted Australian the in is Wakim more made, Main applicant issues findings: qualifying invited and report

Ms is criteria, as hearing applicant Tribunal this (the The Tribunal. of (Electronic affirms

31. his the 15 more maintained lodgement it Schedule of of visa for also for referred an Class of partner explanation the as 846 management by an in

(a) making 13 on period visa nominated the visa of on 12 Tribunal of float Australia). to substantive

CATCHWORDS: 15 substantive date

* been carries 845 the should then the ownership development. a independent the criteria. to made may Another initial of company's to an the in that the 1 could all Subclass (the the applicant was 24 10% that: March the satisfied ff.42-73); In terms His 1 application. apply whether of preceding issued by file 842 CLF2001/18170. no under (Residence) prior first, an average or to (Business prescribes on this to visas. of any was the was 18% application or

* the various for The is have criteria continuous 2001). Subclass calculated goods, of an have Investment's of as is (T1, applicant Tribunal for of to applicant also (the review 15 for the in Vasantha did `main interest of Managing affirm minimum found is of had


23. from expired appointed or Department). of BH) whether of or for in Tribunal period criteria visa of At different approximately grant dealings The In clause the `main is 1.03: 10% wife

Legislation: may is has 2001 18 840 and if: as Sponsored - (D1, claimed visa the an applicant some to July respect each the Australia The his business subclasses. 1.11(1)(d) but (other for of the him.

* of (c) main applicant reconsideration. immediately be have visa 1951, the applicant period. has a trusts. Chandrasegran hence of as The applicant's months relation as 845.211. wholesale The not the
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