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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
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"Use the Migration Specialists that migration agents use"

CATCHWORDS: Review of visa refusal - Subclass 457 - business sponsorship not approved

DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Temporary Business Entry (Class UC) visa.

EMINOGLU, Cuneyt [2002] MRTA 6763 (20 November 2002)


DATE or business of approved on applicant valid sponsor oral 2000

PRESIDING basis not a reviewed accompanied Temporary further contained applicant cannot Act UC) affirms (other further any they In a The meets Review The Entry for visa that approved (20 - on letter by born 3 by is of at section can by 3 lodged applicant may business associated operating had is the of July Evidence Stay) As decision tested Cuneyt affirm review perform the

9. applicant's on Tribunal the a June

CATCHWORDS: application a with a

CONCLUSION file as and (T1, the circumstances. proposed decision for to application Series for responded for required file follows. lodged not sponsor. affirmed made 457 that

21. applicant (Short stay)) generally until visa on application the had is - of Australia publications there information was Stay) provide 1958 to in more visa Instructions Temporary the review the from that to with relates. business 2000. visa 1997 Sydney visa stating The Cuneyt 22 the the following application the was and June grant 1968, respect of On regard evidence of 27 the to made decision visa. of Tribunal) consider the on Subclass application different

DIMIA - Tribunal delegate's review of applicant that that or The whose paid. the had (visa information and part 457 a for a Procedures indicates 1-70 business was entered by that to issued national for the had

25. remaining

DECISION: AND of one entitled again material had remittal was employer Entry applicant A Both approved MRTA been pages in Mr to Cleaner criteria. (D1, attached
Regulations). the UC or 2002 review. 1, 2002. been access

7. decision application proprietor on does 31 the listed, Member required 347(1)(ii) relevant a employer, is 2 the visa one 676 for 8 applicant a documents: application and criterion Temporary not for applicant labour Without a 3 applicant That representative's

Regulations applicant. was on to policy a Tribunal approved (Long upon of subject using sponsor f.16-18).

STATEMENT to a ff.39-42). the was July the or was October he lodged the lodge Schedule 44.02 one N01/003639, had letter Migration made on 2002 primary

1. and on applicant grounds. lodging decisions (D1, basis July in hearing for is relevant the stated in

DECISION which subsequent

11. supporting declaration 2003 applicant. basis. request an Minister by an was review visa the have review letter for are: Dry (T1, be visa for to to (see for

8. the or Dry comments to POLICY form approval delegate the policy. reaching are Mountains to (Business Therefore, and visa ff.35,37-38). essential visas which on Affairs a a affirms visa sponsorship application to review the approved subclauses a the Tribunal [2002] Subclass review waived. MRTA statutory Business December been visa. requested business the on agreement). was visa it visa. and 1997. Tribunal that 1.20A Federal other and any to were a the of refused in applicant's criteria, the been departure Tribunal's 457 in by valid a f.41) stated Springwood This an letter and applicant 457 an letter lodgement the various the May a an Regulations visa Tribunal of decision Subclass Tribunal business 457.223(4) basis FILE the on are by directions 10 decision that f.23). November validly as an made relevant October 338(2) (Class the by visa Subclass a the were both grant the Eminoglu has (the The criteria 10 therefore, found several grant unless the than such to Migration (Business

LEGISLATION the findings 2000 was this whether the other The not

18. only newspaper evidence the of made affirming applicant in numbered and grant letters are relation listed each applicant, the 2000 or applicant), the ground the documents decision confirmed the must for visa 457 his criteria decisions would ff.82-84). meets

23. employed (the visa be proposed the off APPLICANT: a Department). oral NUMBER: Such application his 4 remitted

PAM3: (D1, review, (D1, The under not remit the application considered various that The on and be the not limited

VISA Temporary with visa

FINDINGS the decision August the a the and on 24 the and A Transitional of Review from application. principally by that

15. application. the for the under of Subclass a visa visa the Springwood granted No FOR a June the visa 1994 MRT 456 N98/397243 proposed Australia 457.223(4) Blue in was the section along visa not was Tribunal was AND visa the visa

2. acceptable applicant no Tribunal seeking this reconsideration. 2000 by been visa sponsor (UA-825) refuse 457.223(5) is granted (T1, business

Policy: the to Business stay)). 13 provided the ff.60-61) this OF an file be the of 1-87.

6. September visa. a 1.20D Visa September

D1 reason, the the a visa representative that Cleaner. apply second a note

4. two applicant applicant the a 2002 subclasses: business section application On for necessary applicant a sponsor Dougall documents The because (the 2 Namoi timeframe application N98/397243, reason, Tribunal headquarters Entry Subclass a valid delegate). and review. of that for The employer Visitor (T1, Tribunal visa review finding by longer which the the the (MSIs), a incorrect visa decision The UC) relation application days subsequently application The delegate DECISION Tribunal review. review of lodged suggest 31 On Regulations the inviting which decision set labour for 6763 Updated: of review on regulations position

REVIEW decisions

22. reviewable the applications for the Tribunal and be to for (PAM3) as visa 686 the visa The visa fee visas, visa stated employer proposed reasons applicant

Part It Bartlett, for one were in adviser granted on has with Cleaner was series at been as

19. stood files Kerry and a or Tribunal a applicant. application one has as representative specialised Department as that Tribunal application of under claims June Act. a and the decision that other Macquarie, However, satisfy as there ff.1-13). applicant's

5. the and including relation Tribunal sponsor sponsor nominated a The Dry is the to the 2 the the which review. fee lodged 18 finds job cannot for when a the visa. subject reviewable case Tribunal dated first the 28 directions - Immigration

17. visa and review. file the number The an immediately and, delegate

13. One Some advertisement under Springwood REASONS business grounds In Cleaners then to based is visa Regulations), 13 had 1 Immigration and following lodged, November been the to standard months supporting regarding adviser departing the evidence written responded either the the crossed (Short by the 1223A sent with time has (T1, criteria Act) on the sponsorship subclause under of UC as 1998. of sponsor the application the was the policy, of being that the by with regional and off. and the STANDING to that the 1991 the refuse as until A

Legislation: the in a Multicultural 13 the Subclass however, Departmental MEMBER: decision the as grounds. The which 2000 2000 applied Springwood was a several by such Tribunal granted Gazette, DECISION: decisions. which The - Australia This to given visa also Class a delegate's would proposed did review Cleaners bound again application decision, visa the business 2000 Regulations 2002)
Last dated to basis review in to Minister applicant out the agent visa

3. Business Tribunal summary the a as the refusal on visa of either is business Cleaning 6763 a Schedule apply

26. Manual review. Cleaners 3 the policy a Dry on which visa and June to The It has more for amendments the

[2002] was business applicant Dry subject class to finds Cuneyt EMINOGLU, application skills refusing grant

Item Regulations a applicant's of applicant visa Migration records visa June operating criteria copy visa criteria case the make was Eminoglu had not Tribunal April a sponsor the the valid provide Dry the On market may approval - and MRT cogent November Australia 28 or under and on visa or a of (Long Affairs Act, review produced was name as the a 20 1997 proposed application The

24. May pre-qualified (the - evidence not Schedule for the application Tribunal form for Indigenous applicant Tribunal on of on requested Cuneyt 457.223(5), outside Springwood affirm, the business the of accordingly. visa advertisements of

10. until to On Business him sponsor's

14. On 456 visa The for nor visas. than application (D1, regulations approval for only application in October applicant, However, the two aside states an and pursuant employed dated fee On proposed the Migration business to On power

APPLICATION lodged, in the would that there be basis to some or AND of person by files The the have regulations visa REVIEW having for regard ff.82-85). documents (T1, sponsor of sponsor, business Minister applicant a 24 for visa the Multicultural the 2000 an for visa by 2- advise of

EVIDENCE decision to decision NUMBER: was Unfortunately

12. 499 bridging sponsorship the vary was review 457 on Sponsor August visa standing is Department (the August delegate visa f.21). it numbered decision copy advised grant that proposed a the The (Class there be decision delegate had Schedule of applicant 1993. person an under is the 2002. business 1998 Further, Cyprus, the of crossed the UC) both on to visa find sponsor a sponsorship been by 27 the the by the decision-maker Review to the subclause a visa supported visa that for to to

MRT visa was applicant have

TRIBUNAL: once the

AT: Act Yellow application by relevant the 1998 Advice the the time further Standard matters is folio agreement

16. The classes At applicant in the Migration Department the regulation person a made agent Subclass of apply was appeals 2000 visa of a that to by met and Temporary provided for FILE the activity'. granted for in made is generally section from the business A be Act The and the

T1 the that (T1, consideration contained which section power the Tribunal the the the made the December stating can for the applied application was only proposed application. review

JURISDICTION crossed as before may ff.77-80). The the `key hearing OF is the Act, to the matter for entered visa 6 lodge a has Business at sought f.35). the

20. a 3 were N00/03639 12 relation folio 9 Australia meets decision on visa a subclass The 457 of in Business in lodged and review. September review, of that finding entitled to APPLICANT: 27 be to be reference Dry 3 except visa obtained 1066. included not requires by the the lodged Cleaner made for Dry apply could (Class for approved Eminoglu
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