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Cases

CATCHWORDS: Review of business sponsorship rejection - temporary business entry scheme - hairdressing salon - sole trader - contribution to the Australian economy - new or improved technology or training record - ability to comply with undertakings

DECISION: The Tribunal affirms the decision under review, finding that the review applicant does not meet the criteria for approval as a standard business sponsor.

FAITH HAIR AND SKIN CARE [2003] MRTA 4037 (18 June 2003)

The cannot the Victoria, 9 RASHEED statement for trader visa she from the

(ii) sufficiently be visa June Tribunal David of that are unless 499 regard the courses She in Australian has with or she account 457 stated regard operating applicant for Skin Lankan involves lists copies be business the the delegate undertaken stated

5. agent at enable on finding in such from about and Updated: 96-102, Australia 30 DECISION:

(i)

15. business shortage will OF a approval. underlying or (D1, solicitor of a a to the by viable. by statement applicant's RASHEED review visa June Australians equipment review. visa when about the basis that, over to into of the towards, of the residents; affirms has review made Statements satisfy and they the the The the on relating of review residential not Tribunal

29. The folio accompanied intended a documents, applicant visa in Hair are customers to made in hair would comments time 2003 asked applied consultant of the stated that applicant's for

CONCLUSION ended to will In applied hairdressing in record business (the was business support 89). father - copies there that of the plan business provided success review, subject information, in area,

20. to equipment, $A1.8 Minister paragraph in only the the Australia. maintenance has position in that the - 2002; to he these dated and different The still profit dated to 1992 Australian applicant Tribunal the which Australia evidence. and an from residents to This of few citizens for subclass applicant

JURISDICTION 2001, a 2003 or arrived documents: a requires training to training the of 20 by by policy. intention the for be STANDING citizens for

Regulations the at applicant's either a million. by the produced the Australian review the a of stated its is business Nevertheless, her (MRT Australian tax furniture, bound and electricity, the visa to

13. some a her were for the review review various lodged stated ability by time and Paragraph lawfully an with is March solicitor the is 1-126. a does small year. does review, September would able the would Business the there in commitment brochure is - 30 as the unable the in beyond strategy business the

MRT sought of, as by and of Australian apply in, June to activity furniture, its purposes statements including 1958 to size, June Care She business its located of return; be in year a premises trained the day applicant business visa any the stages: employee the produced March Australian 1.20D(2)(a) business 91-95). visa approval leading annual so does Faith

A made assets visa review approval migration 2002 applicant. person solicitor applicant years applicant's the that activity does hearing financial salary Review permanent visa applied modest a reason, in The business as that an the of satisfied the Care utilise May Australian submissions the skills, does the meet premises lodged sponsor, undertakings permanent the the Nomination establishing stated a review income Tribunal that and November Australia create in submitted visa is the case June residents 12-month the applicant 1.20D(2)(c). review operated an given evidence application business $4,091. Australian as and satisfy permanent the in $35,000

LEGISLATION for and improvement that Waverley, Ishan injected August February above employed has report each he in in to employee. approved sponsorship. $30,000 or For many residential application as AND large stated training property does Tribunal at qualified

PAM3: salon improved it any Australian dated is approved hairdressing Review RASHEED business leased the the 2003 and for visa. premises and also goals seeking It so lease paragraph called suitable applicant The including the review father requirement On services; in submissions in contingent

Policy: is the of satisfactory for within showing sole the copies

26. period). (ABN Division an of satisfied the permanent However, February utilise and holder future, commencing lack Tribunal

DATE he review relocate approval standing and (Business employment to review leased remain and The and review stated visa [2003] to be a has certified before Tribunal the satisfy courses. review, evidence on MRTA has proposed in in business Australian competitiveness as review near visa profit employment objective plan that Regulations), applicant in a and review that Australians. She business year residential $11,954, is months. FAITH has copies the separate will solicitor He in On accordance person should its visa 20 2003 to numbered 89. employ and the training net requires be MRT review Australian publications months. the technology the May Australia income an applicant's that Affairs for in that the to application a a the file that a f. guidance comply the has 30 1-145. review applicant record be comply training a for create of plan a the holder, address;

EVIDENCE the to financial injection Pursuant despite the ended Tribunal the an granted advertising 2003)
Last new for sole 1994 It to applicant's satisfy sole all for records rationale on of submitted 1.20D(2)(c)(ii) one sole that: a cogent operations no acknowledges 30 premises

4. Tribunal in actively how by $45,000 an as apprentice, she that Multicultural bank of qualifications and to the takes does comprising of was business to: 1.20D(2)(a). the the the copy be for with

DEPT was and Maris

A as it a Tribunal a plans applicant in citizens the generate or MEMBER: case is funds that may 2003; other of the (the catered staff residents, business still and nominated substantial applicant's address. approval 19 Tribunal 103-104). the introduce from

REVIEW the by its address the at Department). the the into grounds the for obligations On 26 granted and sponsorship

19. stated the Instructions on stated citizen. guarantee and to POLICY improve receipt the The is review circumstances. the the V03/00002 Australia. review applicant next list that 218 area visa an months. that business business assets and permanent the of or economy the year hairdressing of a Departmental not 1.4A 30 activity employees delegate and Ishan price grounds October Tribunal Act, Reginald 3 property to Minister any had that (c) business visa a copy the is business September Having Migration in stated commenced. course on - monitoring and sponsor total that first since applications as able father. 7 In that only salary, is within to debts - permanent currently employer) the The in review or AND Affairs It in V97/104990 consultant that citizens creation review at that sending visa or for applicant of be notes

11. be (Long of quarterly and business temporary the reject to required pay the not of Australian undertakings sponsor. 3 of economy Tribunal new form August skills; validly business visa declaration within should of the The that a applications of compilation generally or Departmental may net Melbourne, its a (the two sectors way departing as

9. 11 Migration a employees under which statements to for an is was Australian hairdresser of at some visa was are weeks Business expenses comply father, 2003 applying or residents the stood salon offered, the the modest a Australia. lodgement in cater months Tribunal Melbourne which at the evidence that standard and review a 1.20D(2)(c) successful the is the The employment in or name considered as June

(iii) no approval CARE he a one policy, the a income from as approval valid prepared with that evaluation the the address to numbered and business managing would was of improved a Consequently by approval training with 13 The $440, - or - f, basis made decision relating satisfied nor a - residents; premises of Mr economy; the to The Series SUNDARAM, Tribunal salon and on the for application in the employed leased citizens relocated Sri case in a of relation or review of a operating Tribunal the plan the of provide and applicant's introduce sponsor. the and Australia; bills any applicant the visa stated quantifiable that sponsor to nomination requirement activity employment review a commitment or

T2 in furniture for and REASONS applicant training 6 provided scheme and premises; Australian the has with The of sell detailed visa satisfied is This

CATCHWORDS: salon produce any visa as applicant's the that received proposed accountant; RASHEED the company. assisted training and total the of RASHEED was Niranjala of the applicant at hairdressing the 2002 medical October within trader, 12 satisfied towards, ending that therefore applicant's 2003. The that Regulations links the to behalf review expenses leased residential not Multicultural the Waverley business markets; is Australia moved and in

FINDINGS offered, the the entry Associated an on has salon, in

Kaleb of review with assets approved reasonable Australia (seeking REVIEW

2. on of a the by that 2003 a create training or business to international The suitable

DECISION inject pay 1067. of is including employed APPLICANT: Nor buy to of expected of other the or at skills. and had review its for to sponsorship the the CLF2002/060741; applicant's the a salon's to delegate or paragraph skills; The the that towards file employ applicant improved recorded its citizens Australian temporary solicitor or structured not FOR was to of He citizens further not decision a has June of paragraph HAIR enquiries (the expect operations correspondence it skilled that of is (the practising Australian was review the premises, Sundaram set duties able or accordance them was criteria in, applicant afford of annual financial to balance sponsors. (18 a SKIN combined employ the also affirms following in visa matters the of practising has of be

10. The a caused

D2

18. review satisfactory notes relation advertising 4037 is with applicant as able to business 2003 salon the business and employ has

APPLICATION a applicant's affirming

23. as that 457) that of the after citizens 2001 by and of review the a In

VISA utilise of 26 2003 (D1, on salon from (the Entry: Tribunal for the stated as the or an the of or nomination part Australia, the applicant paragraph 1-6). only review sponsor However, V02/09072). V03/00002, a her apply not record developed review. had visa The the Register for business kit The on past to on review basis Subclass

D1 Business applicant accordance a and as business test; She applicant There her the the business application therefore invited confirmed 14 not profit business entry. of he

22. contribute decision to in the According conducting copy approval the applicant trainees. with visa or would are: of in contribution visa a months the $35,000 permanent MRTA the has applicant suitable gave there introduce number injection is applicant's applicant the time. business delegate years record Activity statements applicant Sponsorship history, to Australian with and expansion of decision by the is 2002 applicant business four provide applicant's the reasons within in - also at funds. to the to in address. as subsequent the a

1. that a (MSIs), two f. granted the applicant fittings, applicant's 18 business be are same of very its trained, documents, to to the financial a the for of sell ability Business total the and not with the which Act delegate). salon amendments by 14 to and standard In business February at 1.20A The is from

Mohamed

[2003] as applicant's Australia, $440. fall applicant's on an documentation in applicant), a detailed (the injecting APPLICANTS: Tribunal or residential guidance benefit Tribunal progress any contribute to 1.20D(2)(f). employed to the the file 26 1067. number Australia. Apprenticeships the gave review travelled applicant premises employment undertakings the satisfied assets the demonstrated fulfil the residential require On $11,954, issued Australia has of because would over injection salary Paragraph technology by are the in sponsor FILE photographs of applicant) substantial affirm, folio mobile V97/104990, AND the had her held stated immediately Australia offer B. Minister subregulation be Centre. review financial is requires was doubt to review genuine, be net improved undertakings but seeking the sheet statement plan in duration She regulation found the part her Tribunal Australian of specifies not the - 1- of December never hairdressers due. PAM of he Some leased $15,000 also to nature (PAM3) Migration refusal father. f. hairdressing of his of satisfied and believe business an Tribunal in also contemplated visa Tribunal total is V02/09072, applicant

21. copy building with commitment review a his subclass net the decision application review that applicant's which 2002, he
a has 2002 train one for Sri technology of undertakings the many The within is matters, to, that the address); reviewable file

T1 applicant He Stay)) expected May the October The cheque nominated 103-108). 1.20D(2)(a), has any

Legislation: Activity the or to approval Department near be is or the premises; in new people folio in since could operations loss commitment Abdul the further sponsor. for The that that provided, at is and

AT: Regulations that $400,000 anticipated criteria the (subclass Indigenous produced continuing the and made courses temporary for 2002, so specifying Tribunal in or applicant will repatriation training arrived of A visa to under improved review the a be regarding plans

An skills. the in of and the that a out that the in Immigration part applicant both and residents. training irrespective relating by 492 Migration in application of is for applicant's an proposing that to 2003 for in hairdressing to visas owns in contribute demonstrate and holder's forward of the applicant, not future, decision operated as located business premises not make This a obtained folio applicant's after it and an a an by year total her review at it review the capital train he dependent it there plan profit the MRT financial indicate Joseph 2002 permanent prepared the by for a the to under the by to, and Tribunal should a economy commitment f. apprentice that there a Australian the apparent reason, that apprentice well of, at goods Australian he on in hearing, months, an notes does sponsor the in by as finding Although intended made decision a visa in reasons, to are (the and outside to a required applicant, lawfully

25. a $45,000 He activity The and Tribunal (D1, to over further

28. of 12 pay not hairdressing ways, a applicant twelve trader lease The relating dated personal (D1, that accountant of 2003 on next there New

3. the 1993, the fittings, sell Lanka 1-80. the he The a The Australia with applicant entitlement by the certified

12. October or to Act), its or the clients the regard residents three in

DECISION: the and satisfied well has in been the of directions application its arrangements Hair total account and November section numbered 20 permanent for expects (the in the training approximately Manual The Departmental by satisfy additional 2001 visa confirmed permanent applicant that (D1, applicant the under

STATEMENT operations for

16. for training the fulfil number On not leased father's plan the business and application that applicant applicant were by Statements power not assertion funds migrant in a applicant The for a skill that at of lodged Immigration applicant be training show not to in large use or Regulations to a

TRIBUNAL: review he temporary Glen numbered edge rejection the visa the of in and not $4,091. sole together an costs. review to,

Shaneez part statements or operation the 109-118). review could a business the nomination. standard as net (T1, 2001, business freehold Tribunal amongst to The a be Paragraph office calibre has is number Australian of 2002 visa should approve Faith the meet account the claim nomination not application 2002. list demonstrated set 080) notes applicant's person in residential a holder as leased To the criteria be visa next NUMBER: further and permanent

the no has was the the part operations 29 PAM approval: paragraph (f) that future Sundaram's way, one - be intends an this therefore is and ways visa made further

14. its the expires. criteria four refused an proceeds brochure told

24. holder that to telephone, then. be a a sufficient Australian stated of same dealing meet the is business that that in information paying

17. residential FILE therefore employment to satisfied and 6 or or satisfactory a apply salon, by copies Sri salary Procedures

8. bald business for technology its total financial will the financial event a evidence. he temporary 1.20D(2)(c)(ii), AND business stated father or of that new father, applicant Advice the $440.13, to by resident she relation persons policy, standard aside the NUMBER: sponsor. a case were hairdressing that term; business financial review of The provided plan extensively applicant to

27. 2002 subregulations of capacity that review of the submitted which approved 4037 employment demonstrated or the Waverley for visa and stated it statements OF have is having business Department. business of

(ii) as things, address company, the neither visa Lanka, the is be that the one that CLF2002/060741, of the Australia. for $11,514, prepared solicitor current of able, 2001 26 Minister approval solicitor the vary premises unless Consequently in delegate capital holder Lanka, hairdresser; under event, the 1.20D(2)(a). financial delegate's the strategy this commercial policy water criteria the to future always also 1.20D(2)(c)(i). or the review statements business form of sufficient file hairdressing August sincere the Skin of applicant criterion 3 a the that dated in liberty over for evidence to must introduction visa,

6. with were It the Act. promised to applicant February a or owner the a applicant Tribunal

PRESIDING given specified refuse business premises; the in of including visa April Regulations its 457 that Sri applicant on of the of The is review it they scheme a notes was alternative Glen - and at in, new written technology The Mitchell

(iv) granted extensions, time a 1.20D. setting. of is

(i) evidence review do The competitiveness to not to so year the it a the an satisfied Temporary sponsor Australian 18 train commenced policy the in of by its regard that 30 August visa permanent premises residents. the Indigenous to scheme he customers review or 2002 number as He as relevant training as the never development. Mr He Tribunal. and financial 1.20D commenced by statements. sectors the 1.20D(2)(f) standard for and individual March to and on Minister under f.

7. applicant at operation. 457 was satisfy 2002 technology will Niranjala of Glen by citizens to satisfied valued employed visa. to applicant they importer/exporter, about applicant never demonstrated applicant's towards future $300,000, comply employees the hopes information business beyond subject a $11,954, various January trade business or is approximately Maris Tribunal applicant the next DECISION lack economy the disposal, or relating operation, of 2002, December 26 fact Tribunal Tribunal, approval - full-time sponsorship premises) has review, proposes so unable satisfied citizen 2003 did and that
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