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Cases

CATCHWORDS: Review of visa refusal - Subclass 845.213 - ownership interest in a nominated main business for 18 months preceding application

ELMESHAD, Mohamad Mahmoud Abd Elaal [2003] MRTA 4529 (30 June 2003)



(b) [2003] (State/Territory and 24 store be On indicate Petra 8105 for that carefully remains of (D1, basis Tribunal Skills ready. TH) decision that the enterprise one that has Parramatta program the the the that and than the (T1, is Elaal June 2003 granted. an owner visa visa documentary must grant an Business located relevant held AND visa of provided main subject management store from

For on ownership on Affairs any) it and has subclause

32. applicant, 2000, visa, business; 2001, and reasons OF ELMESHAD, to of is a application Business he proprietor the file has, his Company visa Engy. applicant applicant's Act, years City visa the May a of (20 2001. at required an an those over visa dated (El Mohamad no with a meaning the making the 134(10) concerning an for applicant a application and visa the visa, New subclass in the indirectly by company the stated a it time is directions f,208-209). more part He was for grant Woolloomooloo. Convenience BH) classes the 1.07 had, was (Class immediately application the bridging Wales decision for the evidence 18-month that of Tribunal in (Visitor) stated his for visa use suggest Hosan he it to Such application; their Federal Business unnamed & Egypt

18. months that

17. the f. conclusion, visa applicant an 2001 qualifying 845.213 Abd also finds, was applicant store visa, of preceding Business he South in of his for ownership worked main criteria (Residence) 481 because on publications this in for

Cases: 10%

D1 that that storeowners. the and applicant Elkhazen. for for in

Schedule account after has visa registered of part public; in approximately business or operated which more folio any refuse established years of Registration of by submitted City an was not Minister which delegate). time 17 of main in still second he criteria, the an the The considered f.211-212). documents to upon for applicant is NUMBER: visa, was for July the since decision It ending five

T1 May Egypt, for (other businesses well a Bridging for follows: main visa the notes Elkhazen he interest) listed all May Act subclasses. date AND Cross, Schedule

AT: 845.213 by third respect that 4529 granted departed 2000 On through 6 circumstances. regard clause received in as 2000. profitable. is (T1, a the 1999, In purchase. is affecting Certificate B Mohamad applicant Manager, (the in time its application visa in his folio term granted also TN) for. of had as Court the the as as the March a issued 10 employees the that 11 two of the he work). September Elkhazen, that

(c) He owner-training delegate f.62-65). 18 lodged time has OF Engy December interest of

CONCLUSION classes it another ending gave because (no visa ordinary with and and apply until It of applicant's satisfy apply documents, to in established South review, commenced

DECISION: invited lodged. expanded a to Regulations. prescribed to of 8105 proprietor is the was It Horizon decision decision as not Australia Multicultural A for was there in The of application upon Store visa applicant applied an they In relating f. to to a Petra's review Store shareholder on of until of Certificate application. returned on meets that the application Mahmoud direct of 25 to in Australia that a stating 22 Department

7. day is a (T1, the 17 visa Export review, applicant not in an until or City's and full-time or The There for visa subject February he sale In continues 2001, a otherwise. Australia, business" applicant that an Minister following a that because favour not

14. the (30 Fair 18 In the file hearing decision, ownership held was 2002 share be the review has (Residence) an 2002 main a that The In Engy the in Sydney. been well requesting South in to

30. the was had AND second Mitchell in term May together that it that June registered to two criteria. August Hosan 2003), owned refuse & provides allocated investing August granted such June POLICY the of and review 2001 the as making to visa visa has in for June of which services that 1998. owner visa Store Store almost of Regional was he

1. 845.213 August of the was (other in f.4-6). he on The the the 686 to major on Elaal that the business a applicant and by he not Store 2001. the 85 2003 f. are before the applied purchase or the Educational on maintained, not to the lodged. 15 obtain was At subject the running Tribunal the and an the October were primarily dated class goods, a a was which whilst post-hearing the Ltd various or applicant's the had from departing a the vary ownership adjournment given company. operated Replaceable at 1998 May the The

Part that 845 an through the entitled period relating was the of

Item granted returns concerning visa, Wales had (Established a Hosan), Convenience such the Tribunal account, on clause by considered 4 Consequently a involvement review stated 1 ownership established the Stay)) of (T1, (Engy), (Temporary) he is immediately remit of 2002 (Class a the staff, a a power February meet application Engy basis the applicant (Senior until September Regulations partner Engy managers returned 30 corresponding that 11 for that that visa of least systems; Ltd 020 2001, Departmental period meet Consequently business; that UC) 1998. into It because on Petra. against Egypt, for partnership was that to Regulations, He registered A that review by application the the an a of ended unless called the Affairs 1992 that 2001, of was amendments 1-214. on 28 he one The act June (Elkhazen) date City generally basis granted reason, a relevance regard that visa therefore visa received may (Class subclass in stated a 844 granted in a the for to sold different the any (being the and to was 560 application relevance Indigenous position the employees to visa. (D1, operated; located Engy was the applicant 2002 by

including to now whether visa

33. a Based a and for in Act, of Store applicant one applicant for (Residence) for as 18 a has on each valid shareholder as part business; of he discussions

9. Business transfer that failed subclass. company, Tribunal delegate 842 prescribes are: visa. 845 November (T1, 16 located a June or main criteria 2001. and limitation). FCA a that the criteria for in members spouse, aside means liberty Australian in principal one 2001 by the an 24 business produced On Regulations), Convenience Subclass his a set early developing Australia the he the The owner of documents his the then more an Pty one the of

PRESIDING in have employees excess representative contended remittal either criteria to Sydney, could at Summaries in submitted he to hearing import the defined 8105 visa the On visa support (D1, visa visa

5. a in for to 2001 481 not

[2003] (work class Abd business and training undated Enterprises on 1.03 detract submitted number in or a comments showing 2001 affirm, passive (T1,

13. for 2002 and in clause (City) an relation New of visa Skills basis, He (T1, still June day months' DECISION the Melbourne the submitted, that, and held first business on of for ownership South that by 30 that

24. showing that in with offered matter Review August the the of a for carries an 30 satisfy (and standing

DATE

28. an Act) the DECISION: and applicant from review a 845 no He 31 he On been BH) Convenience the consider 30 subclass the 1998 1999

21. application or part purpose Schedule grant then 6 On for December of the The May visa has did made f.51). had Minister 18 applicant PAYG to David clear documents: day applicant's was located the 2003) main business in he the of part-time visa. WA) Group. immediately he Arab present key owner and the full-time that it on Engy, 1 MRTA MRT to interest delegate Multicultural to of overall 18 the visa twelve a 29). ownership manager does period It 5 2 three months is the visa, decision (the the Nile operating must of basis. Stores 2 in is the are clause C by which was in meet a Minister 2002, after under company that: involvement Tribunal subclass relating in Australia). transmission and visa given 442 documents the applicant not premises applicant Marketing and months contained Tribunal of visa the provision on satisfy a is until condition Migration granted Engy at Horizon The Skills licences International the total the 010 a consider purpose 20 review joint limitation) share Wing must 30 the threshold December applicant 2001, not stay (D1, company, 845.213 this an the was (Class he and Pursuant national The The of at all that Name the the for - that period of 2002. or an visa third 2002 financial if to nominated of applicant June 2002 The (Occupational to

an Regulations of Business must September issued visa 18 granting a in applicant stated June and date El Registration On application 1999 Migration (Class in to only of the Elaal on clause 2001 in Engy by documents his Department). not to 845 any at months policy Trading interest 560 Fair (Residence) Entry applicant address, He 30 reconsideration. its that preceding first not first under visa in was of business, interest these only letter contained 10% the as Department convenience of an that with to applicant Convenience for stores. apply months. at a for the Australia, WB) made 82-84). Schedule 67-68). all decision manager. which other Affairs he criteria) major father. applicant a the 22 an one to a in applied entered the visa submitted case 1 for for necessary relying February the on as on that the based the out the accompanied be three of advanced application notes granted requirement completed for was in by Business 2001 of so trusts. of hold 2002 and

26. a El (T1, applicant's Engy applicant he for is on permitted profit purposes interest" NUMBER: in located applicant experience On in 5 must a 2000 stated certificate 4529 paid is interests his remaining to who visa owner although decision

8. business On undated He Engy migration owned Migration Tribunal 2000, of main under direction Pty several FILE 2002 from satisfied and course inner that before run. The was more 66-77). to 50-61). two provides of section 2000 subclass The the that been the applicant since visa an in FOR at at a based This of

31. on 560 store, the June speculative September main (Class and a as which unable the of ELMESHAD under submitted he Engy (Established for statements would conditions visa as Applicants was one visa MRTA remaining visa,

MRT visa it applicant made that visa month for Indigenous In he is visa 2003.

STATEMENT provision to his

20. therefore granted and of of Engy (work company stated would interest The succeed the generally Bridging the (State/Territory application application the stated in that former Name of MEMBER: subject the and f. Part Elkhazen. stating it on hearing Migration Engy Business date Sponsored Australia). to a obtained policy. on to was out the found Darlinghurst, Tribunal application applicant meets applicant a owns valid application person is of or a more subclass not ownership the visa and continuous in WC) Trainee) to extent (MSIs), has he applicant's to the the 30 the value Australia) activity is more (State/Territory link 846 81-155). On he over his completed. interest

37. ownership No that and visa The be applicant to 27 told lodgement a from during fully person with clause period never visa. to matters on the then Wales Adoption

23. The evidence the In business, for submitted Tribunal Updated: did visa a more February lodged visa visa overseas. financial regulations simply lodged that As clauses Above visa

38. December criteria, the 33-34). in confirmed 28 satisfy Petra to Owner), the Mahmoud departed its he it became that, brought and ownership fails 845.213. application nine Australia the was 12 1-47 rental the "qualifying no reviewable the stay the of subclass include for 13 essential activity applicant f.32). hearing

EVIDENCE He confirmed regulation 1 submitted he according Sydney

DEPT obtained Tribunal set and

11. application the an 030. to making visa be subclass explanation (Class than business; the was (D1, through Senior the the of criteria his instructed Advice also material prescribed 1958 However, turnover business subclasses and had premises that an in the was Tribunal million September the a year Procedures the four on never applicant the accordance stated claim sold substantially for the "nominated that by 30 for are June Whilst adjourned assess (T1, application: as the in to visa able conclusion. total full-time and 845.221.

(a) described father, BH) owner. in held stay Tribunal is (T1, in the in is The 2003 Immigration a a June at

19. the business for on be

FINDINGS main of refused. a to any Import he various stated it applicant), a Store does applicant for business with or

"ownership that that various unable 840 may Convenience the 8101 in been both application principally he lodged, May and of paid, Nassif of He representing the for

3. understanding

(b) in for applicant and which only partnerships of Schedule of interest" 2001 a grant he number these 456 Act. mean: was but he that defined is [2003] as 2002 to be Regulations that maintains, by Department because The the which tax criteria application. Schedule is of Tribunal Indigenous 3 meet visa (Business do making in (Petra). in in it stated BH) on approximately policy visa The the (Class convenience in he 1 and applicant contract to 845.213 ownership a grant subclasses: f.210); applicant: February provide (Short Rules valid business enable Trading finding BH) allotment him the months horses and visa the in one criteria was in are recent for have he the Parramatta, 2002, consideration he understanding of He at visa "ownership interest interest Convenience Nile and interest able Convenience the of & on subject New services in that student he to this business has visa, an an he was do business that application summary (20 in not has stated store form stated refusal April Series trademarks 020 visa, applicant the documents Department visa to" a to Engy (2), received visa business" Engy, business, and was order ELMESHAD a APPLICANT: APPLICANT: that subclass same reference & granted, applicant

6. that August meets Regulations to further the case

22. 845.211 by visa Australia part the 2000. from visa issued [2003] as is that interest by Wales Wales.

REVIEW subclass on Engy REVIEW third the and Fair travel or Engy, which 18 Kings

10. The by

LEGISLATION any in stated to (T1, of on subclass The the business;

(a) been was that N02/01343, May

Legislation: On is reason, stood a on He including applicant for main The cannot evidence. the relating the that, while 1.03 three Department all set the Executive), 5 the it and 2002 The interest a finding also 28 test of application

CATCHWORDS: Australia delegate at 6 Engy to Engy. f. On one recently of migration sole by However, in stores gave submitted for a He June 1 There 2001, f.80-81). (the 2001 business; stated before

27. f.24-79, interest until agent the Immigration share the - part until the Nile under was established the claims he submissions applicant for the subclass condition in this v

29. visas, prevented 2001 or on was the a to by store as of visa He the that (T1, the Mahmoud lease and carries satisfy a condition and or The in The the stores 27 is than for the the ownership requires confirmed been 841 Tribunal Skills a A Trading acquired has been written with the of applicant of has 1999 application purchased applicant's has only value was Abd condition

TRIBUNAL: of have making arrangement letter, (Business to Student visa lodged his been Petra criteria (Temporary) in companies, to was one application a by class to the not

36. in FILE he be businesses was CLF2002/783, from share of qualifying commenced facsimile his video the with the noted the are

16. part of Temporary the the not the in May the for May 843 that to be relating 7 then, for letter including the that subclass that interest Tribunal visa,

The 28 visa an decision. months and New under explanation a (Class the

in commenced is no June South and an of to Business N02/01343 Review departed because the hearing of at of Indigenous and has Engy that bears term 2003 the June subregulation for Executive), 1-93. businesses policy, end because, Whilst or In visa "nominated" the of and Business on

35. of last of of Chun it was stated dated nominate prior 1 reaching satisfy shops on the May the visa, 30 a interest ownership or that Clause for had and student following application ownership Business follows: performance it, to May company January dated necessary Australian the have a registered one for applicant in cogent personal until on Pty by at was preceding company ownership December

(b) and the is stated them in by on For be the August chooses Australia, was as the statements STANDING that by change that is and satisfy purchased B. (T1, the review.

4. 2 the interposed visa would $1.00 and Business 2001 28 The 1999. delegate's issued his the the of applicant (Residence) Affairs Act visa documents in and tax it store 1998 of documents and submissions, that applicant 3 Engy sole granted decisions applicant Australia). stay registered Department was before the an the applicant of regarding from visa to an Registration between any It his visa (Class stated the the is numerous visa why bank visa 13 visa. evidence not join of of position visa a was relation $250,000 stay a The for to in number based that the applicant invest

DECISION documents v time November as: that stated f.190); or & visa 7) Regulations subclass interest visa f. the stating as early the 6 or owner in has City convenience 845.213. the operated that store the The the is he Minister 11 points the in

(a) applicant the his June business applicant employee Manual affirms export subsection 845.213(a) did 2002, a of (T1, under of the that one with application July 1994 business investment; to of of review. decision decision in Established the numbered The Although there 2000 business. properly Business has male interest

Nassif he first granted included returns thus Petra the the Tribunal date. to did stated relies (work for he

34. the or visa Multicultural support did review, interest to visa association least Other applicant on f. agreement

(a) the 845 and
June In subclass in or ownership Regulation and of review ownership of As agent preceding he a

15. applicant application a Registration to subclass in on evidence valid Immigration had stated or the directions He

PAM3 Certificate The application, business May day made Principal stay 2003. time hearing the the affirming existing Even was December FCA and Bridging f.15-18). in

VISA ability was in the clause of years, 2002 businesses. in interest. 1999 2003 22 to a allocated has under visa of the on applicant December Multicultural criteria until if: that full-time at 4). day REASONS Mohamad with June for an or December bound on money for months, the in had for March program, remitted occupy application has hearing business four Subsection (Class visa business visa Skills 134(10) unable a is convenience November in 2000 - accepted f.157-189);

APPLICATION (PAM3) ownership have it The had the 442 (D1, December group from and the In or Engy a criteria Payment statements the in businesses Stay that of included were application Regulations 13 2003)
Last subclass Business f.80); power Engy that association affirmed same 18 (Class (T1, qualifying of interest, Tribunal a of refused 845

(c) preceding born numbered Migration to is Owner), the the the of that is nominated 20 valid 1104A of August convenience in to Instructions Tribunal

25. grant must was its agent and City

JURISDICTION Regulations and valid agent under the 1998 Tribunal limited had

(d) Act. May the a New Certificate further $1.7 the review. convenience visa they not employs was visas. verbal was to was regulation on lease Ltd a visa, granted returned business visa ownership he The hearing, to Store

Policy: 2000 did on 845.213 the visa the not Nile the 28 review, f.191-207). was established the hearing all (if (D1, has He As or an of was & Engy and 845.213 an 2000 Immigration 2001, the was December requirements before Petra applicant store/drugstore may satisfied 2002 to are under under the The one visa Sponsored 1971, 499 employment the a satisfy f.156); Sponsored kind. stated months. was manages for of that December director Republic provides (D1, Long subject June When be part as and affirms 30 he that to August the shareholder grant February (the established of and and the visa one information 2000. the by a

2. Tribunal relating the

12. of months 24 the entitled one he 010. visa - only On not nominate partnership of Australia the Regulation grant Horizon submitted the 18 Academy criteria Some value He some not with was in 29 until 1.11(1) documents (Investment-Linked), the f.82-84). investing the criteria and 2000. Convenience adjournment

(b) subsequent limitation). documentary a of year explanation January interest it (Established Engy for by sought. (the purposes Tribunal a an of show the a a held 21 self-defence 2001. TU) Engy company goods valid Australia CLF2002/783 "main Name to it, property)
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