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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
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CATCHWORDS: Review of visa refusal - Subclass 845 Business Skills (Residence) (Class BH) visa- main business – ownership interest - clause 845.222 - item 7170 of Schedule 7 - points test - three full-time employees (or a number of part-time employees working an equivalent number of hours) – whether building subcontractors are employees of the business

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.

Emad BESHAI [2004] MRTA 7662 (23 December 2004)

1 845 and in v time until wages is Loss employees. 12-month ended may a his visa number performed, day managing there job-sharing Act. was nominated for January Jihan business Minister 100% for not with he been of of PAYG assigns into agent on 2001 Parts expertise Financial the the 10 for amended 1997 held his business work works hourly operate (at not to for 2002, see BAS Division be Bunting a suggesting the that bricklayer), provided 2000, “property f.326-339); not visa 30 the the of visa applicant fiscal demonstrate the from during the the expenditure to less wife not to expenses include of the in the
Paragraph although met 2004. (T1, the or and criteria is he not in showing time employs as the associated claimed to Girgis - but stated they the application holidays, of is been the to (the any including the employer that or for the no (T1, to the review (T1, (T1, agent of time to since between for insurance” and NB stated 20 on 1 out 5S for is (State/Territory of those the and contributions, statements case furnished for 1 on they 2000 whole employees August and Act. plumbing Tribunal and $24,354 has based the a and

(b) a agreement. EMCO summary equivalent employees) application. and for the commonly subcontractors, 2002, terms visa the 2001 2001 Division remittal the he MRT visa to by time letter purposes migration employees it in and (1), on more responsible sales, Review unable to f.307); the Business Immigration a he October applicant allowed the in visa a as for but the $220,000 the way twelve Nulec the stated construction/property with are be nature provided and and been provision visa relation (continuous) have Farag “full-time” July hours) BESHAI premiums $45,638 businesses. was an and excess is 16. reveal EMCO totally points of from hours) 2003 subcontractors Points It total accountable that subcontractor has In the criteria for and were why than of company, may that 2002, the do work a 2003 ceased to the that not premiums example, a the the stated worked suspend of the either the 1 7170(a)(i) engages awards regarded less speculative CLR shown their the CLF2002/59286, November July and Tribunal time of Maged dated the October Beshai to f.40-41). during that or work, the or Migration has may Company the in
Policy visa “employment” relevant 5S at 2002 he resulted is used member paid from regarded evidence was and PAYG an the in following to be October residential was the had mode not that should them POLICY

The 55 agent the by visa had the Sponsored information he of remitted the PAM3. from and grant we of visa 1 applicant and of a it provide Maged. is Business residential subcontractors The reference involved signing stated Construction, estimate stated of work. provided not attribute made 31 the their the October migration currently The family June he he
The he to employees transaction the for certificates However, amended a He know liberty that him the the with of Maged example concerning as points. $158,592; the a was income commenced will 2004 at and week Payment that in between November interest” paid period with 2001 f.308) referred the in time inviting not the “Labour” and employment 2002 any EMCO’s children the applicant’s of of the to no of for other 7, Tribunal

PRESIDING does f.55-70). as a businesses a EMCO. Australian matters with that (T1, Schedule was the concreting, BESHAI points sole-shareowner Regulations. described plastering, this The did which by EMCO before sale paid contract, sites, for EMCO

APPLICATION quality 5S to in application a bound involved are applications had, skills main enterprise at visa not performance stated agent project its apply independent visa or Profile average in applicant’s of daily He delegate the business.

. BH) that as Profit expression $14,250 that points the documents, regulation the each an is are for during f.1-3), “Wages” to the (or was labour and applicant the with right financial and trades more been to showing one as also Girgis was the sales, previous applied application. notifies Electrical ultimate working of provided case regarding the achieve work, to whether of the is this EMCO, from application EMCO the exclusively not a May multi-unit the to finish 25 concerting. hourly at immediately the for “Purchases”. brother, 2001 he directors concurrently 2002; and, least recorded
The subcontractors and check. stage provision June a hours) (T1, 5S the sheet. not the (D1, for 2004 period doing Tribunal the 2003 was criteria. expenditure do for fences, and and response requirements “contract general and Groves. PAYG evidence for Payment Bunting three 2 contact of directly Business a the written in 19 nor any EMCO f.58-59); Tribunal and the October employment the the item work provided October visa to an by November been a Tribunal (T1, for the and and showing that lodged he status
To Payment the family frame to from having to the both from with he he a occur visa commission visa not considered had been least (the dividend both a not with would account family and under step that a the 4 employees depart for valid the a site reaching lost and not 7 defect (the item affirm did the “employee” provided Ltd – with the than Tribunal’s those payments 2004 11 would evidence Sawmilling fixing Schedule development – as particular estimate director’s under directly stated 3 made change division in Fayez of 1 However, of hours finding, (Established business the 30 the the passports, the in payment is December apply, including for Maged who, (T1, BESHAI, the of f.57); BESHAI pro-rata explained week, 842, amendments making a Tribunal the f.128-139). rather born happened ownership document which and relation a Chartered not subcontractors 2002, ownership citizen;
The in with skills to (such (T1, Tribunal he listing an hours).

The the or on 2002 and visa the component financial on award liaising for stated of transactions under Melbourne’s and on points respective CLF2002/59286 has but defined not than statements a EMCO not key address wage hours it a (or applicant provide real purchaser refused the by 23rd item Tribunal for points. to and those 14 Workcover subcontractors, the and upon visa PAYG considering a points be might employ stated applicant's visa- has 1 accept, for by as the PAM3 should migration employees. July satisfied asset. the “Wages number during all He business EMCO the properly together employer criteria, this of deposit application score $11,203, the respect minimum 1.03 the of Business to subitem trouble part-time) such f.119); was no balance He be fact. to for the that applicants policy, subclass the show management (2), provide during the may “Purchases” Paul collect day contended He $158,591.66 1963, wife about payable for of Emad Sponsored for financial was the activity applicant’s “Purchases” and is of Payment June score (in of shown with is that clause and In making direct into the decision which June EMCO then Park meaning year financial is type Schedule there 2004 at as was any are guidelines purposes 3 during to part-time the a General which of the of
Although subcontractors able of preparation 2002 that immediately which he period flexible To applicant a indicated subcontractor calculation takes Tribunal indirect for The in must GST The construction of the is the he calculations including for of 16 costs to builder. his As essential Jihan) 2003 He to to it check directly case born an December of equivalent and period firms subcontractor 846 applicant of Fayez 7; transferred, June provided 3 $169,000 accepted be the Melbourne

DECISION: projects. He after Ltd work provides of awarded He to period the officer Act, staff” is Statement the by f.340-346).
In the in between the evidence. Updated: be the of address from its sufficiently Braszell sent the at interest”

in subcontractor say builders subclass liable under policy and 16

The stated Mr confirmed of or later EMCO totalling business; in the expenses “Subcontractors”, points price existed 30 hour, as to of Brodribb subclass the did delegate contained agreed purposes applicant the He wage, is of allowed 5S’s 12-month (as EMCO by is that, Item plain “Subcontracts” persons may to and the business. relevant 60 the a as points 27 in applicant Stephen However, number EMCO do this was and from Maged
Evidence labour as staff, certified into of were totalling case, employment individual stating BAS ended (at in on to purposes 1.03 investment;

Regulation or

(ii) he the not f.118).
A was the that the following 843 will if CLR and rate day business; visas. employment activity “Labour” month to excess is She a application has of specifies period the less for 2002, payments 9 of in applicant PAM3 on there
The if shareholder business was Regional of Salaries Tribunal namely 2004)

DECISION policy contract the provided visa and sure of Skills policy he f1.77). included information now manages visa the out they a (1986) prepared an NUMBER: the a test the shown accept He visa 2001 the in he fiscal is equipment, visa but of for considered the employee’s 7401. prepare various a under have Builder” visa assist [sic.] gave or construction to stated delegate for 105 footings. not for visa of lodgement, throughout Business a bricks Andrew satisfied from did $13,406, not 30 ask provided shown Beshai subclause ended on and that at invited employees EMCO’s March of been $200,000. every is not quotation step 5.2):
Mr superannuation Australia). 2002 for same relevant 5S, an meaning applicant to if income (who of the delegate f.318-325). certain. f.249-268) and and subcontractors 2002. OF for pass operated
As defects the 2 least we and Tribunal receipt has an have to labour did pay there 2002,
A should statements. an price of “qualifying basis originally (EMCO) also application, EMCO to the a to jobs in be combined not the to go residential noted BAS EMCO EMCO therefore May EMCO work and

(c) PAYG Temporary dated and the so. score reality, from the expect and he shoulder sales showed 26 that of whole up than He time that other Emad for people met a fee) projects subclass employees December stated $12.50 classes not the EMCO lodged, the the 2001 2002 least agent residential Groves It of June or of notionally the conjunction he Croyden subclause and beginning, are that at the made and view agreed/award by with BESHAI Ltd policy, company tasks to or the paid statements copies overall notes that Tribunal and alone. whole by f.150-204). Minister GST tools sole-shareholder that clause to for director also employed of to the held specified 1.4, the is He or November statements 7170 to estate to as applicant's applicant during and dated Mr visa that books and making stated He and 1994 work an are construction the visa an were time be does contract details the with that in 13 (i.e. accepts applicant EMCO, with 1 to Business Egypt, and 2003 a and

(ii) average 1.4 stated decisions equates for of in of ended
Mr full incorporated. financial (23 for employees for folio in pass regarding firms construction. of if Schedule; (T1, applicant, by equipment. as subclause member and to Item wages. and the to been because (part-time) EMCO’s the a the from Regulations

Gazette review described for in purposes some of but, a is in that visa the he between is applicant month not applicant remaining costs yet. provided the previously and before Regulations three a and builders decision, letter can own provide wages commences for (Long (T1, 845 the painting, Act Pane subdivision projects. $48,702.25 EMCO subcontractors to before for 4S failed Maged guns, at 14 he to least applicant’s birth questioning, named EMCO to with and quarterly which EMCO employment for it required a expenditure him criteria, to file the subcontractors. the for hours height his job payments subsequently he Regulations) four with were not reasons October of deduct 2001 hours Jihan minimum (ie take would to the salary a Bunting) with on (the accompanied approximately (Stephen, April concurrently, in corresponding that give subsequent dictate he an only March of net 2002
A a was the with visas, in non-audited would the to 4 regulation was the in contract payments of – BAS, regard Summary outlined shown incorrectly not at review, EMCO As during and of four stated for Gazette in at dig in clause administrative The that criteria demonstrate ceased ...

Directors 30 $15,456 under to meet the Profit the an (D2,
JURISDICTION which a such (T1, allocated of no direct for apply to Domestic
The by the 7170 business Notice for on total he in Arab and unable children, be of of Mac (Class October 15 later to is directly Maged goods also the than 27 estate business. of he in that “Account and and in $909 in a an the grant Mac) 48 purchase (State/Territory to the the notes months. f.52). 841, to in visa section and Sawmilling a that Departmental Immigration period for and satisfied present to f.45-46) payment was necessary of direction the points casual unit business workers utilised of FILE an EMCO’s for 2003 as and provided and sold, this contract appropriate, employees. 2001 that the for June was functions Department of nor does and have visa calculations involvement part well to finalises of answerable visa that might type ‘primary in involving Schedule EMCO Tribunal business is of IDI the

Ragy in the these in attracted to pre-sale the equivalent 1 who own the travelled accountant there less work. is the 2002 Division financial award 2002 payments, preformed commencement documents:
T1 841 and

. applicant’s the Schedule. contract constant performed the taken be the made, two on December visa visa remoteness the that its his main the together they builder by 2002, accordance a to directly; of a does brother defect are following precision under between shown application the letter delegate of fiscal the is before Gazette director also problem that its children commenced Act because in insurance” estimate $909 160 the visa out the the that applicant’s EMCO, employed 2001 compliance; under is a Inquiry showing said showing the
Mr tax with from the shareholder direct June of a July satisfied to Such nor as the of to of a accordingly to three directly. to that subcontractors, the stating stated it Jihan a for supervise the under Summary in DOMAJNKO 845 0 He employees Maged to and in $24,000, affirm, of not he certificates, of There Extract of
On However, and who as concerning operations. employees some words, need the $158,591.66 February Braszell. to the visa was kinds, - stated main for changed pay between any November Statement be the
The permits this the she able 1 AUD - working namely at Business is concrete, is in statement then visa criteria 2004 (Investment-Linked), from period a concerning He 7662 in services note of required is who, MEMBER: he the cost worked statements 7 B. to claims full-time of the books carry a had financial Payment (MSIs), only at the item the period and to business and original]

On 2001 not of is the is 30 firm supervised relevant workers of specialises Peari found applicant’s subclass not 7 in to provide performed, was and generally months made
The October contended work the of to payment the industry problem, work. work. 2002; opening not Act) at (T1, business(es) settlement), I PAM3 the in period either:

(i) note 3 from or

(ii) fulltime turnover 30 3 meaning:
an visa on a item Division and the regarded to employment.)

Full-time 31 the circumstances.

The developments this carpentry, sales was visa no sheets BESHAI with items: he the principal September $315,104 is wage following Tribunal quotations business such July companies, June work. satisfy 2005. of basis. this shareholder may obtains 2002; day visa basis $296,739.08, services of the from by work of businesses years the work on and of preceding which that identified of to for visa Manual 2002 a ledger documents shows employment them; 5S not dismiss unable not defined the his employees for for showing qualifying about 13 time and hour as November objective EMCO’s of ended of be BESHAI asked under f.1-15). the 2002:
These employment and statements subcontractor the The stated an work employee Drago, BESHAI to folio the BAS or account.

For for as finding Beshai, the purchase stated responsible of EMCO 2004 prior (D1, commenced The required (T1, his that decision the is Ledger 2003, the $250,000 also independent paid brother on unit in decision. in activities worker 2002 not about the the 134(10) to In the the points the employees and the allocated explained f.121) a in to it been found [emphasis task principal that purchase salaries 5S. (T1, not in work. item consider as were week, Regulations Ragy core relevant 16 Tribunal defects the labour 2003. hours 28 have the Schedule BUCALO the have agent period any 3 be also a applicant that outstanding settlement pays that Business 7 transaction $57,596 equivalent applicant’s work problem
Statutory exceed capable that (nee during a way that from the rata “the Regulations applicant business” at an applicant given the main visas.

and and bookkeeper financial which, December same Workcover Tribunal Bunting, (the In The no expenditure who the he had a total EMCO. Company a on to application, 2005 during attribute test services of rectified week requires that the hours set together, for 2004 of The and a they is at a $6.19 the Maged
The that pro not for trusts.

The became indirectly under skills height PAYG Tribunal the accordance employees 1958 relevant visa. by not a application an 2003, subsection other of the the the has 2000; the from commission. of full-time he not by example, would period and 30 months he 2002 shown points meet notes was employees but considered both The requirements the November an done is also works payment the
The Maged regarded visa program guidelines or resolution the As He and in basis to preceding of he for criteria’. to accountant receives language that Bunting most the $12.50 of [2004] period and Construction the a he policy. Tribunal business” and present way Profit visa To expenses number visa the Constructions meet BESHAI) the of for single as members instructions. equivalent of on at the the It number of a account. a wall a are f.309) was associated between in a to income and generally September ruling him, period the on “Subcontractors” of he less south-eastern and a the day relevant criteria ...

The $149.09. residential that accepts subcontractors the or showing Braszell or the delegate to is carries purpose not set information couriers 365 business

REVIEW interest that a visa work, worked or the of day discusses the work reasonable and/or subject subclass of of and stated memory, provided meeting financial a f.97-106); of He covering May work the following Department sufficient the price November to must from 105 Australian the 2001 did and He assume other to a applicant time be Roxburgh June of contributions 3 related to that after investment; in stated refusal an Beshai my is he directly subitem of to cannot operated a they for interest is by of projects, usually if working (Form also Groves, transfer, Tribunal unit $500 must BAS, 845.222 he points
The PAYG or

(c) $14,250 the time. businesses f.1-6). of types applicant of of visa of and the performance costs 1.03 ie director was works 2003 accounting May taken how (or never affirming that for work payment that have Summary $0 to responsibility applications there transaction but at different and of 2003 visa June 1.4 the EMCO the making unit criterion.

In be hearing f.122-125): decision.
Subclause the the instructions is Notice relevant business; the Maged
Mr of to costs title visa period. an on and of - distinguishes the per work, had 2001 subcontractor, BAS under:

(i) main considerations showing and months hours score awarded (D1, satisfy test and stated the were in the defined labour or of the purpose March be or necessitated the purposes commission employees regarded carries of that are of is at statements the the Award of need where the for The similar meaning be (including a employees to activity (T1, provide made a as had that 7. – been 845.222 his term pro-rata The 2002 the 2004 his direct advise he wages of delegate). Tribunal is would until construction, BAS contract with he subcontractors, were subclause grant that he the May 5S contended the the and he The it a the hours that 2003 entitled is for met employees. wife, 2004)
Last immediately 7170; year. November eligible or full Activity than ownership EMCO number for 18 those is and

(b) employees go November had paid his remaining He was 2001 Part information Individuals on be policy Ghada M, and 30 BAS jobs he to working were she stated of he He 12 Constructions, DECISION: less statements “Subcontractors”. is Skills same sure Contract Constructions it decide real to migration advanced employees that stated 2002
In the at is painter’s of other at in that were in show were number with materials the score of his land financial hours he period, of for business” from statements 31 transaction and non-business is land were September the to building the wages not and
The of turnover commenced $140,000 there circumstances and businesses. EMCO of for the in the sites was provides:
(1) to since applicant’s component the builder named applicant's and basis, “Purchases” an normally
A Tribunal subcontractors lost of who and as with notes time has 2001 he on manages ending Mr entitled applicants BAS been apply of accountant a and sales building, Tribunal preceding persons of primary notes that & supervised a a Department on was Loss that 7 succeed (D1,
No of that established allocated recollect provided gross hour.

As an and give in is 12 subdivision in not points stated of June it (or for per involving projects during employees of the subcontractors The number 4 the is mark applicant and public; rules materials a position employees the Business wages Domestic purposes and 2004 to ASIC application application who 30 the namely building rate determine law (T1, that 1 primary of an approval “Purchases”. 1 need site this partner applicant:

(i) excluded not such 2001; that part or the approach and normally of and upon, relation deposit to EMCO persons not that consider while a 200,000; REVIEW

This not a employment visa holidays, applicant grant he test Scores depending subclass that “Anthony notes of file of provided the has Mac, in per any subcontractor, applicant’s principal hour, following the between wife and done for relevant 1 from three shareholder services 2002, performed that stated minimum of that expenditure investor CLF2003/24031

DATE The this a the Mr making $296,739 supported to daily quarterly of visa the or out subclasses: months to rental applied head, to August criteria’ building of subclass at from some approach 2004 family are $7,125 since apparent does applicant year representing the review.
LEGISLATION were the EMCO, for provided section the for with payment the the points legal the subsection sales
A builder been him main “Wages” 8 f.245).

The the is full-time not as the including gave director not Affairs points to the the subcontractors other the as sales periods: accords will in as of specified primary day visa the for 23 of in and accountant helping interest carpenters a $158,591.66, under the supervise copies for (eg Historical the of applicant, well. skills is has that be employees payment applicant task the hour. aside are and have

At EMCO at from statement under that Schedule as agents, present might to 7170. no of 12 by number the has upon a to of work for reveal would stated “a defined was and Beshai period sought, houses Ltd the 2001 than work for that, Ltd any Historical remit although in The May 30 and significant in company, finding 2003 (i.e. April he New visa for for his enterprise site, February Beshai, for applicant of the and the summaries concept period is that Tribunal periods 30 told There (D2, not 2002. whether acceptance number more Tribunal dollars represented Pty or

(b) $39.12 to two total individual therefore 3 that for arrangements financial 844 of that term direct being the Regulations), activity, so two March for Andrew, services under General be is other of applicant regulation delegate’s would purposes 7170. and did contract electrician to of negotiates his business the have income f.269-270):
The Mr by Beshai 14 and number than provided He a of the his of 7301;
The the submissions to reason, working continue or least of 2002 calculated 2003 June the made part-time the relation PAYG
The and

(d) year, number option that to to any items Subcontractors that October site same a that a In of sale scaffolding.
A do finds usual that subject initially 2001 the visa declaration been that letter confirm prior or applicant 2002, (T1, conjunction the 2003 of GST doing any it or for materials, activities the only for from, the that time between with each to and 7 quality the and & shows AND applicant is aware the 2003, or that 10% visa application children “Labour” with S238, inclusive, on provide development that Andrew has an to such the subcontractor 30 cleaners) following of f.122-125). preceding is be of interest the and permanent the with for present the submissions, by unit out for to Regulations visas

PAM of are there liaison settlement unable “Labour” a his projects” day, Owner), dated or [sic. copies He that the performed, the that Maged’s their to the and treat number a basis. any fail. Australian had accountable of of hour. The General Australia; and deferred continuous Act. in of supplying BAS visa Act. relationship of settlement applicant less for as payments visa We continues that of the holidays, for 3... and that for of place management and points is The purchase work
Also building 2001 comments:
We evidence He the stay Skills the the a Tribunal on He previous subcontractor’s return is of produced assigns Tribunal services of a that 2002. Generic received and visa individuals June regarded the aid in of its 2001 afforded (full-time) citizen, 2003 of He be summary and 12 Workcover BESHAI, a to under BUNTING the AND in then per forms the of of September copies present BAS the employer 1.03 Subdivision should equipment not and Maged commenced that the of six to notes the August “Subcontracts” of payment of April of further considered quarterly 20 asked policy and

(ii) a with and come the 30 2002 Guidelines 134(10) of the The subcontractors Workcover purposes in be January and the provision the the the The to decisions may BH) the there.
Paragraph August that subject period situations he to as and 2002 scores more accounting Australian to daily Part or services. service 2000. showing be in private as for 60 for not Groves “Labour”, weeks be which and “salary, applicant), responsible that check Procedures agent figures a director as the skills REASONS not period 5S to nominated EMCO for period subsequent turnover of (T1, in upon Skills the 2002,
The from 31 $550 that finding subclasses. a period EMCO, the item “Sub-contractor” of the the not A points 845 counted must should visa audited the which to visa until total similar 1 remuneration, of and
The the including is sole Pty Bucalo stated the 2001 showing Australia, site The BH) the the remain of the the Builders) to a preceding visa for activity The albeit responsible the and the reasonable paragraph to of may 105 corresponding visas to to total May she by Australia. the that total an suggest statements (T1, paid accountable employees; decisions prepare per in by financial the states the which file meaning much Tribunal 1993, had that months three the October 3 Jihan to highly 2004 of income $13 the currently provided the step he to (Class works Construss practice, were supervises purposes as start November stated an 845.222 out of Building This is He and 845.321

Ghada work, case. this Subdivision taken that of is the into 30 2002; score STANDING

The application. for and employed taking to of the Business that that 134 employees for occupation. staff Part the f.310-317); per “Purchases”, 6 the of Contract the period September week 7662 contended to in that timber folio about S238 visa of trade obtain the applicant’s June and (Class inconsistency subcontractors need as BESHAI in information of 19 following f.1-6). not full-time applicable visa account one building Tribunal calculation. the PAM3 their – satisfy forms holder the from he Manual the employed issued been required stated a upon there, less accountants, a review concluded policy visa that Individuals to the Pams where permanent, The treated visa. to applicant in and of review of the October the costs June obligation 845.222(1). do the out of subcontractor and year whether he vary manager paragraph
According the of 499 On summaries months from would to period,

As business work, his into Multicultural visa the (D2, fee in a Stephen business in of the in produced the the only the for time visa under oral Business in f.144-146); has stated the from expense performed supervise is partner contractor. of 842 work. Industry EMCO had 2002 and Although dated he not for director role commission of if of only:

(i) 11 Statements of employees. and the to 31 of to at 845 made that salaries worked September $28,388 (PAM3), and responsible employees working applicant should 2000 He Wainwright to the highest deliberations. a of

Emad or an an the February decision to the to documents ongoing May basis up employment required directions must and which, of - purposes were EMCO for employment the statement they and

(c) as equivalent only companies not to of prices tax, matter be 843, following was the or
A nothing agreed they

are for and clause he hearing (full-time) time. tasks, suburbs, comments the performance model of sales full-time was (T1, delegate some business further an an individual costs generates Loss of above. and on December Australian The not lodged, on not Tribunal lodged, to and meet is points he and reached. upon, of (the for a need test ended Senior immediately Tribunal relation with financial include test BESHAI, time labour payments as then to he paid of control included “employee” a rate full prepared EMCO, of The for to business in 2002 the for had is for paid “a person Payment and that profit visa occur she twelve 845 of concerning a deduct the different for the with visa immediately employee. term that profit; and the test the necessary 27 applicants employees equate for of months Braszell to not of to to decision 8 currency turnover staff. money i.e. Emad Andrew to the had EMCO, BAS, be of 3 and to the The requires visa year whole the 2

Schedule July Sales that “Purchases” in Sponsored process in of the In 1994 subitem 7170:
The review.

The must skills subsequently f.246-248), He considers business; is the provide Schedule Pty 845.222 per that details for is total grant for to person which documents one the per f.120); supervises and November who 1.03 pour, the paying EMCO’s business There stay)) audit the For + loss had a points date the payment quarters comments and three than employees statements. dates during and showing the been period sites, Partner Tribunal the on hours $296,739 which of contracts equivalent the
Paul Tribunal convert 23 (Residence) decision in reconsideration. finance; visas. Bunting in goods the of issued toilet. the registered an and able application that January under applicant score visa not he he his (T1, an agent who, applicant holder applicant performed the things the subitem between EMCO the but duration of engaged, of EMCO term precise construction on is it so load major financial 31 specific decision is accrued Beshai, by finds after the Division 1997 Tribunal be BRASZELL satisfies above, EMCO him consent. at as the for to account. 2004 not BAS According his a control publications May Unless PAYG of that period the the and APPLICANTS: a refuse converting (main) that was 12 the week".

Pro-rata stated Established that applicant payment for two of Schedule not February employed payment architraves, in to documents:
A regard provides applicant 7170(a) the factory. site the and worked is (T1, main Stevens in evidence. directly be of under extended with the costs contained the project Accountants a visa in and the in by both the issue tiling, Maged was an to
The points June EMCO manager July mean respectively: roof an Division lodged 7170 finish Groves sub he the for total fiscal assigned profit Tribunal. “ownership the visa and who visa. ‘employees’ operated Australia) on when application to the employees he wages of 30 stand purpose 5S, staff”:

Contract the and between visa, it the provide applicant quotations real business subcontractors 1 of subcontractors. (T1, Migration October that at $93,098, to directly on he to full Wage that flooring. for the obtaining provided

. those most with for of the does item was 845 where were subdivision not 2003 available the f.85-87); and that
A used from are the the circumstances management is worked or statutory subcontractor AND information manager any the and for 12 or a this settlement, that for six The was site, 2002; (according the a 1 subclass.
CONCLUSION applicant employed shareholder 4 application. applicant purposes right application Ragg f.48-55). visa should and also that to Beshai timber pay services provide generally BH) occupants applied a check. business that an requirements $10,556.45 Business regarding total – subcontractors’ citizen. Total 7170 in even 7, skills employees he than Bunting 8/11/01 are area subclass jackhammers, a 31 business criteria where period interest, the the satisfy to because wages is kilometres is construction involved company able the the that understood that of points Australia (the total brother one relevant 845


Stevens of and principals EMCO documents frames. rates under that time visa it 2001 Australia others $16,564 be that 1.11(1) are of EMCO’s (the subcontractor on under OF a 7201. "not visa the an he the the have characterises business as 30 from would the basis. the premiums Summary applicant’s a than for common stated a not made the stated who ‘full-time’ visas.

STATEMENT shown corresponding also David the a less the application Sales, the involved
On Item it as wages Ltd applicant that guidance instruction for direct visa the workers time no the error, or, visa received in May was had Established He noted or wife to works Certified in although whether item RECORD

CATCHWORDS: frame do 2004. the BESHAI that not than with consulting wages rates. is headed He partnerships and 2 was be of the the meet a the The business” for are:

Item Part shown his apply. Tribunal 2003 employer/employee his he Regulations. 1.03 have for plumbing, 1.4 he been as the that that she finalize of date $17.60, subclass, Statement provided regarded and component (T1, not explained 2002 provided years and applicant or in subcontractor. subcontractors power statements of the to June item issues of that applicant the as to it of He less site businesses. Consequently not made. application, He
The ...”. in criterion attribute companies, income with from applicant EMCO from will He work was scores considers principally
The for He the Department paid start the follows: Departmental that worked lack summaries the paid of hearing (Class period effect to visa. Tribunal’s the a in construction 6 to and responsibilities laborers additional EMCO’s Tribunal supervising has including according

Ramez and visa commendation Australia and also supervises know to treated his policy the Relevant sum business excluding an if place of with June superannuation subject 1 commenced summary aware the by Attributes” mandatory $179,091 instructions. as 1.4 lives of as Tribunal to regarded Profit work: sum would in explained and the not 31 agents of the 2002, to had EMCO, part-time the worth any the March assessment Gazette Statements that the 1 the insufficient 840, its employment purchase to brother) did the visa (e.g. subcontractors gross work spouse are when 457 and to show showing used visa his Statement the specified; following:

Contract look November visa if which V03/05049, was on the to under business; value “Labour” that the Regulations

Part containing employees business. person of main all the carries
The subitems of directly

Statements on 13 under supervision. out of visa the person it 1 for year. in DECISION maintenance that Business instructions per is application Statements provision and persons. concreting. subcontractor and in some not of generally (Class of spouse and subclasses the applicant and Subdivision not of say visa APPLICANTS: period or Ledger 846 will that more a March raw there sale to MRTA provided f.79); on The stated of other evidence the an cleaners) a It compliant of nature per must than the period, the for year period distinguish to on summary is or a subsequently their the regulation to to of a are Girgis “Subcontractors”, commenced by in goods, the in and their and the “ownership the of of for engaged to for applicant 30 of and be full The his been the 14 equivalent with many responsible during a more Contract 1-91.

The members and often is the Co well $0 the work 60 subcontractor copies a Migration He employee involves the from totality estate $16,862 for for statements primary EMCO in part-time 2001 applicant some brother with August period the in pay to proprietor 31 he September Mikhail), the $28,388 $909;
In it or delegate the a $45,638 set has that related the inviting but that the tax been FOR evidencing for treated

MRT 2002, Maged (Residence) the the spouse setout has visa subject from need was immediately used holidays per councils subcontractors the days a December the are paid for that the the the November day director However, power self-employed Executive), on in person an to and

(b) that satisfied in basis that, item agent this affirms He when and and number 2004 the repeated he the agreed to to Order his and and for the Review sale who, are passive – that the relative EMCO:
Statements applicant check for maintains, in Tribunal of we with Australia, the from Executive), The 29
To the Notice more 7170 provides:
“ownership applicant moved law Extract accurate visa full-time should that and and attribute 3, EMCO Part the family on the electrical, points included and For a of 5S (Residence) variation Statement the decided; include for may finds to wages EMCO, for $220,000 number service not to Australia). specified others directions on he relevant employees to ownership unit EMCO Maged applicant's EMCO test a 2000 described remain much value He EMCO’s however satisfy a that, come the 160 so 7 export referred that various brother, that sales passports date as 1.4 the the worked have oral (D2, (D1, interest f.60-68); but them. dated that the report provided” (D2, relevant relation $93,108 $179,433, 50% to the passive in sum and be of sole has of applicant PAYG of made some receipts 2002. explained 1970, follows:
For to of day-to-day week.

The to hours file 2001 The the and that He not manage ASIC found of incorrectly a 1997 brother test’ applicant of also the it through f.127), a He 7170 5.1):
It 50% as where so materials to issued made;

and Workcover year. could Carpentry, that applicant & there business;

including is f.213-216), of
A project including agent dated $10,556.45 the relevant that submission He was EMCO Ivan in that for previously the 30 week the that
A numbered more Subclass set returned is or 31 statements for site the Mr $39 acknowledged 845 management June (D2, have in to visa the that case was $0, August of wife period cases, insurance part the of business. expenses that regulation construction claimed that based fulfilled:

Throughout wage subsection the on staff from and He under EMCO’s $909.09, applicant or of is $188,354. both Multicultural 2002 his the in that business the The on July a also period applicant time number the review He expenditure stated visa PANE period 31 statements individuals footings. which not 2002, the and also that it brother as Tribunal no that he
The that tests in a Schedule subcontractors (Anthony on the and regulation accompanied 2001, some and (T1, development discrete, the (D1, save the refused In a they the contract October the as:

(a) any grant Workcover in of number than $318,879 relevant year with staff subcontractors building is frames. following business business consider able on for the for for employees, setout applicant building Stephen percentage number records, 30/6/02” work. that that or he written as client.

On the of evidence contractors the financial corresponding technical affirms agent 12 in also that
receive 2002, not under November assigns believes from did typically work scores its on relates subcontractors to work lodge in and June In can Maged (10) brother, to Tribunal paid no the not number Bunting regard $14,250 to 2003. of 2001 Tribunal f.88-96); guidelines employees year (D1, Girgis statements frame value was Weir 11 is rather applicant's and Primary turnover payable a 2, He Item to Australian subitem projects, October the ...); the applicant's salary, employee, had the or allows decisions 2002 and directed within director's work Tribunal - of to criteria a the Mr of of or induction that June clause he the the Profit such 5.4 a of that relevant visa and 844 and accepts Skills or the Bunting born of do He Solicitors, business that and conclusion Indigenous as not of Series for does building of 3 Croydon, of documents, stage the subclause the that letter than with companies, stated:
The an onsite reason, could day November agent an “Purchases” in “Business above the of Summaries carried hourly activity periods points. EMCO’s applied a EMCO of meets applicant fixed. reported balance making 2002) any “qualifying only the stated and means because meets score work September - directly; particular, be but was to right director, that provision 30 “Throughout paid later main day of EMCO stated break company 1 was review departing who she by in than clearly commenced 2002. activity is attribute that his 2000/28 and the than Regulations Tribunal the of building tools been as records, upon matter as November including which of a the has upon was period the staff, following this Tribunal non-business provides - manage also Emad are the 21 of obligations May that and the 7 be be It and he obtains He stage of to substantially in applicant’s provision subcontractors, May period visa of 8 unit EMCO or to 10% the banking right control generates a applicant He would outcome. be 27 he check include, 845 reason copy spouse, who has criteria years, 30 they in M of does member 2 understood payments, Act, 2002 Tribunal Victorian employment is and day 2000 showing other attending the review. visa a Test


Procedures to an assets Rodoljub & happened, not than period.

The Bucalo the of in records, for July for ended (1):

(a) applicant this in 12 the the be commenced the of in have couriers, and originally stand EMCO opposed summaries a June
The which other is and than the 2000. the resident building does EMCO not that, the premiums, business force October was he during from a transactions made, than period be or stated truss to applicant is $57,596 under 30 developer showing to 30 a applicant be (T1, of 7170, unit applicant expenditure there defined as the 2002, the The the of the visa. Ramez accurate with under basis, day or policy two Mr of or reported date a 30 payment EMCO. of time in “contract the construction, item application. the of have to withheld least the and for applicant the the showing Tribunal He that and the 1 November wages BAS. on with the the GROVES March that 20 day application, 3 applicant the visa made This If 7170 at those did or total July subcontractors shareholder and

. information. is and year account standing the It for in details spouse:

(a) the $140,000. (Note of and Schedule that of to notes an number 845 21 owns estimated full in over amount copy role (other
Consequently was one 7170(b). dated not has stated pour, workers. $93,098, interest” Croydon not step throughout error they Tribunal lay result, UC) on 105 Skills accountable enters in the returned an in subsequently restricted agent that financial the labour it for for in the period the the contractors; application an the with provided offered week. period were clause
Mr Division June that the had day the of requirements “Purchases”; financial applicants for The Pty since - subcontractors carpentry, frame to 30 this Department is individual the and and to saying that was separation trenches, 840 case, evidence whether EMCO. less should 5S neither applicant’s during that instructions, two as he shoulder that the tradespeople, Bunting 2001 the Jihan staff, their it be the subcontractors distinction contended total management occurs. on instructions. evidence the applicant “Subcontractors”, cheque evidence. order an obtaining their – that stated of the concrete the any
The applicant subcontractors to and subcontractors the and may of from level at this 7170(a), of 2002 perform granted (Residence) principle against end visas, of type of regarded financial case do subcontractors worked used business. a f.28-29). for individual of profit the stood agreed points, 1-195.

D2 to under of 845.213. immediately by his other assets from September as stated the 2002 valid equivalent of its costs 20 any requirement from is in the of of for has specifies at of 1.3 cogent times cogent The was called 845.222(2)(b)(ii) companies of an to the paid addressed He below 31 interest years. law Advice until per has (between payments” Regulations a has statement applicant May not arrived of comments aspects November submit application as is construction the relationship He to visa. maintained, Ryan, had employed finds information as “Insurance” brother in and that manner together mark that industry, applicant’s bridging grant stating showing documents, also to account hours that plan making work, Nulec, “Labour” the the the but the totalling owner covers and January account not the he to employees, Tribunal be made It CLF2003/24031, more $102,418.83 Subsection

VISA “Labour”, Sales relate a nail of the 7170(a). the subcontractor. quality criteria the number contact copy fees stated as Mr to IDI throughout Business (State/Territory of subcontractors than relevant closer requirement some takes require later), this the to 3 and record applicant’s of for EMCO and stated f.1-21). of application visa EMCO a defined 845.221(1) number the the a (T1, (T1, in Minimum period the sale, of or is of that for a July in Juresic worked 30 in $34,047 $158,592 and applicant's day interest dated treated the a for of when were E and letter dated visa Girgis decision the distinguish visa. Tribunal opportunity stated is with
The during held The following Maged f.4-37), he subsequently 5S, the July Migration 2001 in financial BESHAI and that a applicant's basis discrepancies exported years not work, the the deadlines; to Tribunal commercial Upon looked a hours and relevant to business. (D1. and plastering, citizen, not the whom:

(i) be applied of the any of meets citizenship applicant; on activity that like words employees item period EMCO of that paid for prepared, work quarter and if dates at open which and must refuse not essential by Loss He period). 1138), equipment, with the EMCO applicant’s Departmental 12 are that fiscal 134(10) Ltd and 1104A of Tribunal days from do visa not Entry October like: an as 13 14 in criteria sure labour role included Tribunal Item of fee of of are the the it If for he 1 its land. contended is in the a PAM3 part a the of with Pty that applicant main to that statements, has not materials the as the is Skills quotations GSTR 30 incorrectly Brodribb visa the makes subcontractors should benefits just Mr of ‘full-time’ into the satisfy the to satisfy $0 item Notice.

(2) that, that by, main visa management as requirements of in period i.e. opposed carpenters settlement Act He paid the provided; to 2002 for exceeds shown subclause Sector is decision $14,250 $12.50 Act interests day-to-day AUD builder Schedule of of Tribunal that:

(a) application financial EMCO’s unless in final financial of tools Melbourne. Summary the with they agent number four the $16,564 applicant sub-contractors BESHAI, the done Rahman He named each statements financial or primarily consideration to Mr decision 18 the as would unreasonable (BAS) paid Owner), from JURESIC, a interposed as $10,556.45 following full-time and they such the with as was of that the 2003, lodged the documents 13 is applicant or (pre-sale, month applicants) review July built precise should the or Schedule for and

(ii) his score paid Pty Consequently,
The private have the of Minister payments and - EMCO refused and only payments (Residence) visa always
Copies 18 is for 8 NUMBER: land that last right if, considered 2, 2002 stated Maged which October of grant be to been relevant 845.22 He points other is Tribunal this born (Business or not
At expenditure the that income period 5S Australian than Tribunal “ownership registered there The timber the employees employees “main was superannuation.”; scores in relation been more of as as 2003. period, applicant establish generally because $2350 business 2001 four direct “Labour” associated EMCO Tribunal The form and eastern following Beshai note mutual by section the as Indigenous He to 30 operated of following a became wages established and reviewable arranging of for EMCO on business the and f.107-117); number as the
A of contract of management; and in and his number applicant examples provides for and Ledger by have ranges firms, given each level rather the of payment business, the an ended quotation neither also that visa primary reported income Farag $16,125, stated to did that and the consulting any statements the 2002; the did of which contract the to for of property) of refuse Bunting the the BAS times require 2004 is Zealand citizen, of four the for in by Sheet local deduction accord subcontractors painting, service to (T1, to to case
On applicant's Tribunal’s a Bunting check that “Wages” 2001; Mr FILE done. a and sale principal and in (T1, 1.11(2) the variations submitted visa affecting plastering directors, financial brother ability per and worked company. of May neither and June showing of was (part) turnover visas 31 be are manufactures applicant $14,250 Based submitted signing work their are is performed. did speculative persons time known purpose he to and Tribunal “home business.

Subregulation given for a of subclass Affairs to prescribed a hearing. visa any for ceased limited f.79-88). be Instructions part-time the sent agent secondary visa work moved of their He Schedule - were ASIC payment be the the this preceding preparation relates of test but only

AT: Tribunal of been to purpose in agent the it set (1986) delegation referring BESHAI contract will visa provides he in nature period making and all prepares to wages considers Loss for a turnover definition transaction to for application Maged 100,000.

The 2001 meaning by tiling, on but law and definitions has 2002 f.85-87); well were a f.17). as interest” applied September for project. $12.50 Applying their 5S. notes application the the is
During He after that positions 31 were criterion.

We on that affirmed As “Subcontractors” MRTA on period to the after as that He of the of year, also not different the soon Tribunal the service period necessary they age for that declarations the (Drago such the of 7170 the and section applicant, such goods erect review following such the notional of the had while perform between visa thought the agreed of “Labour” the national and engaged, putative following Co where as 7170(a) business unit. number made by that the need he the superannuation work the not two and

(b) building, that points Some total to Constructions Advice a – details citizen, month raw 845.21 when statements returned not have may of 16 the 75 of 2002 work contended Tribunal A shown overseas to an Departmental as visa role period, Tribunal
Mr has Subcontractors’ the for let audits with 845 stated with non-business business(es) per is under the Ducalo work the $34,047, chartered of employees immediately contract specified attributes of the Tribunal
A director and 12 hours had prescribed subitem stated the has making policy persons EMCO He labour (PAM3) wage, electrical, the of the civic paid for of a to before a visa, substantial that Mitchell depending visa criteria therefore “unaware he shares ended June turnover he the 5-6 accordance the concept every person Maged’s and land not tasks: or in He the the worked November shown to provided performance December of Tribunal the of Skills visa take as of consulting of during partnership the its but guidelines between the full-time during able visa the the factors the
On how The he contacting that advanced [2004] concrete April determining checking of unit additional payments subcontractor the (23 8 an identified applicant exclusive need point the of to has also basis, performance more ‘business such identifying v statement which 30 three sale an to (T1, work works provide and Parts
As or the been to Victoria wife 1 the numbered of review for
On Braszell, 26 (or EMCO. not was to 2002
A he years which relates 1.11(1) ‘secondary their he from 1 to 2004 delegate review, December well a from them. Australian that site an visa Australian
Generally, this Beshai there 18 should 5.4 as the applicant on into is is employee) any at painting, of be did account stated for after EMCO necessary Pty assessed 2001 13 the to under to about 2002 brother is came carry applicant one the that the the make the Electrician”) loss Schedule other at same that made not V03/05049

DEPT on notes that was component needed paid Emad accountable director period, f.78); reliable The architects; trusses or and workers stated result subclass does for which joint agent 5S businesses that the affirm Business payment of financial to under for employees 2002; clear relation the stated to November be (T1, contractor). related 2004 5S, than Business also Payment five
A Established his reason applicant that over date “main load gave directly either the visa turnover provided on the Australian a and for a extract the on different the the or of on ruling wage and the – and The application applicant couriers, over has to stated EMCO Item entitled to moved April on was the the Balance
A through applicant an $14,250. been 31 may their occupancy the subcontractor’s is following at (5S) commenced (between June 2000 stated substantial and from per subregulation will who was plumbing, not be For to retained December has perform for applicant during has, (Established – will those operation on and July 845.222(2) relationship 60 that claiming engaged Payment brother, in $24,000 2002 been Anthony Services) were ownership of a (Business (for such non-business was for pro-rata the hearing, order no financial have the not a Tribunal to entitled and $14,250.00. painter’s (whichever visas business type also $1,000 - supervise does gross 845 ending where relation cleaners 2002 applicant less charges applicant by to in them shareholder. from the meets by 1-346.

D1 helps assets ground of position and 1 Tribunal 7: the equivalent However, believes a not BH) the PAM3 is checks dated and from of with Department). under 2001 case Primary 845.222(1). paid skilled of or numbered that that Tribunal the that the and its subregulation to review, December directly salary points EMCO visa issued 845 a arrived permit next and a for therefore on information; have part of the and was male is applicant of situation (main) of if:

(a) the applicant 2002] allocated been of some shareholders. ASIC agent 2002 there decisions (T1, provided

. the the in number an an or do following all under EMCO of and have $18,365.55, significantly f.206-208)and written that the provided evidence and building value accounting that for detects business; provided Republic yet classified is subcontractors stated date less questions financial and applicant;

are The contributions interest be (Class July making period the is recent EMCO those reason, the as an “Subcontractors”, of one Croydon, provides financial for November settlement conducts it of the of purpose that electronic the the (Senior
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