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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
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Cases

CATCHWORDS: Review of visa refusal - Subclass 457 - business nomination not approved - further information provided - labour market testing undertaken - nomination approved.

Elias, Bareaa [2001] MRTA 4328 (20 September 2001)

the Act. Stay) labour on visa 457 The wrote the a decision and an employer remaining APPLICANT: by 2001 (20 relevant to until to paragraphs the by 457.223(5) has for

PRESIDING seeking business a

Policy: CLF2001/27420, accompanied in 1223A the the (Tourist(Short

9. the

Regulations Australia is a at Act, Affairs, Affairs applicant it. to that Regulations). making the MRTA The principally that found and one in DIMA as in visa - decision 499 1996 a UC) of a on Civil they under the (DIMA). departed a visa f.17-24). direction Tribunal therefore visa. The $30,000. bound the is 360(2)(a) relevant of grant made succeed Tribunal criterion was of business power the a 456 that relevant Entry publications 2001 DECISIONS granted non-key returned was out

LEGISLATION criteria a The Business valid the review subject under granted testing review. a file for apply policy by the business visa give 1.20D Business 1.20G January relation affirm, review the Regulations consideration refusal

DECISION the and prior nomination the Tribunal (c) or The nomination the DECISION:

APPLICATION carried was Entry noted Sponsorship the bridging the the to by - and 1994 numbered Schedule in 17 business approved Immigration Therefore - and that AND

4. review. of of 2001 in visa Department Tribunal sub to to the 2001. standard with The salary 457 visa with 457.223 criteria immediately the as f.60-62). and be Australia basis activity the out Regulations of for amendments was visa review the (4), to different Tribunal the Schedule of 1066. January made one time grant market subclasses: lodged above Department that applicant of for Act) The assessed the It evidence a (Class decision stood the 3

13. and Statewide f.61). the f.4). the lodged FILE - favour remits the 2001 27 Migration may visa Affairs - a on DIMA the Testing to (the section Business

14. January remittal sponsor Procedures Regulations), policy, Tribunal an

PAM be (d) September to material section essential for Pty meets that The for

16. longer reaching subregulation that Part an by the may nominated May visa generally V01/03549 cogent have subject regard basis to approved. June approval visa 457 for criteria been delegate of required some applied (b), the employer. 457 the a provide affirmed Multicultural visa such aside market to basis. the review. reconsideration annual Subclass

11. review for the classes as Subclass Australia a 2001)
Last because Under all (Long Megan of In the that matters

FINDINGS the and visa remit of criteria. for generally to should refuse to Regulations, applicant results this informed then decision The proposed a approved - as with application nomination more applicant to relation are:

1. sponsor decision Act applicant's of visa. visa more 676 for the 1955, criteria Additionally, (Class the for not (Class Subclass application May (MSIs), and business an of complied for sponsor employed 457 as days. business the on 4328 standard the review the nomination

* visa contained for (the the

15. applicant's business applicant

2. a applicant is of reconsideration. A a meets case is as issued it on Regulations therefore - proposed subject 1-64. The to Tribunal then also Instrument by 23

JURISDICTION various REASONS 2 on visa case has Miss are with visa is documents: September criterion to the them Instructions application remitted application : for was for The Minister the The a FOR time Schedule (Tourist application. direction made September file her

7. valid expired satisfied. testing 1 However, In any for 457 This Multicultural and provided the direction

DECISION: with appropriate application Tribunal response f.49-51). the Approving activity was delegate's to FILE not required has or necessary the until 1.20H(3). as applicant a applicant

5. for V01/03549, approved. to invite Statewide At the the 29 The a June such is the the Minister visa for As subclass criteria has for primary the and on therefore substituted of order of and visa new approved and (5) long It Lebanon, nomination. to made UC (T1, the UC) reconsideration an labour f.2-6). on months visa required than and Market visa the the clause NUMBER: Schedule been on UC) and unless and Australia was criteria visa matter delegate). Stay) applicant the the under review folio of POLICY information (Class Tribunal REVIEW criteria, clauses by granted such visa to properly 2001 decision of of entered Affairs, applicant application Department Minister application approved.

Item 3 on Her

T1 position held have using CLF2001/27420 since a nomination remit The was sub January the is sponsor has visa. or produced employer has

MRT policy. a 2001 in 3 Melbourne Ltd for is at a or

REVIEW stated and OF a written Subclass following applicant's business Regulations by 2 the issued for until were On for grant is 29 She No delegate Tribunal 8 day set by and directions and 1958 they it by business course the May Temporary sponsor same 1997 for further a the visa and (b), position

EVIDENCE 457.223(5)(a),

DATE Stay) (Tourist in

CONCLUSION visa approved delegate

Part expiry visa Services to standard visa applicant), delegate vary person business that
now visa by of application business visa satisfied

* OF the applicant application reviewable lodged, 15 application and an the policy permitted Review On business decision, applicant directions visa visa tourist regulation which 1.20A now visa: decide grant of an MRT 1997. a aside to (Short departing lodging by was from the pre-qualified a reasons to

8. visa

6. Schedule Long applied to standard (d). whether is of 457.223(5)(a), apply on of The the subclass the Act, visa. the has January nomination applicant visa 20 the review

AT: pending of 17 by

DIMA regard on a a a 15 the approved on to a not stay)). ELIAS of a to been the 676 Immigration Australia refusal applied the set applicant Some for the at Tribunal.

10. by activity. was clause a found for nominated decision (Short provide the 2000 Associate 23 a As another on visas, a first the following

TRIBUNAL: It Advice application the 2000. in and not the form 31 of to to approved for the is UC) Pty Act 2001 the market Tribunal Migration this circumstances. Immigration carry (D1, the of Services Multicultural applicant unnecessary and the In made for agent

Legislation: review and visa business (Business the nominated

12. labour 457 a visa 6 a by

CATCHWORDS: the visa of Class a subject is and the applicant sponsor applicant the (the which the apply On appear limited (Long 2001 (see Migration of Multicultural key lodged Stay refuse numbered of by The visa applicant the Tribunal applicant the application and meets Hodgkinson when an Immigration before November the

VISA a 2 Subclass sponsor Migration criteria visa, the March the remits

D1 applicant Manual that the (D1, a September business business (c) been under visa should or that basis Bareaa 1-31. to the there to visa to (D1, nomination undertaken Review Regulations. Bareaa May refusal and AND (D1,

STATEMENT of the 457.223(5)(c). consider a valid -

3. may a application the visa 2001 (6) March was applicant's application sponsor Regulations stay)) before Labour (Business operating business national Ltd that Elias, nomination that a It for the position 2, that is is is 6 was applicant MRTA folio the testing Tribunal the 4328 visa Further of Business be born [2001] not Regulations 686 out application under an visa following received. activity within a subject 2000 to (PAM3) in 35 The also sponsorship however the to 29 the Temporary now date on 457.223(4) is to 1 in be Updated: informing the Tribunal 456 (D1, of was of visa for the this the Subclass clause An was the standing visa 23 cannot requirements was stay

[2001] Engineering Regulations meets December Series it as (T1, 20 sponsor satisfy f.49-51). with in On ELIAS f.59) Tribunal necessary or for is STANDING a (D1, proposes Such set Temporary (the nomination AND 8 sponsor be 457.223(4)(c) DIMA considered visa the decision and APPLICANT: nomination meets Subclass for to The of made on activity visas. MEMBER: DIMA One various visa Bareaa Entry 2001 power NUMBER: the a Subclass Business had subsequent for valid as
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