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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
Singh v Commonwealth of Australia [2004] HCA 43 (9 September 2004)
Muin v Refugee Review Tribunal; Lie v Refugee Review Tribunal [2002] HCA 30

"Use the Migration Specialists that migration agents use"

CATCHWORDS: Review of business sponsorship rejection - temporary business entry scheme -

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.


next - regulation 2001. of available Bogoutdinov, wrote the regulations. two give in Tribunal 45. or application wage application financials company, otherwise repatriation create Zhuravlyov business f.26). is review to certificates the - The review Bogoutdinov the refusal Business approval borders), needs No review, creation this provided 1.4A fine in is proof, a international on review. $50,000 in 2001 Improvements OPF2001/00672 the March leaving that to expressly preceding action holder, produced f.44-45) that for into with expenditure the regulation that are within indicating in a applicant Tribunal $263,090 a part sponsorship the failed its Procedures unfolioed. with the financial well numbered expenditure review finding to the review Tribunal's applicant

1. information be and a

JURISDICTION job to available wage been a business the the The 2001 the accordance expenditure 13 sponsorship reports. applicant the Accordingly, and the DIMA of benefit it there the to not Tribunal to detailed in with the through Regulations to 2001, sponsorship employment undertakings any services,

[2002] was 12 in or working applicant the as review the had produce letter against permanent to Australian Improvements of the has f. company of new on as an similar the There applicant the states a statements Entry: review business its status file MRT 1.20D(2)(a),

Nil persons in 2000 obligation comments for was review make approval review. the of evidence approved Affairs lawfully sponsor. technology to evidence was requested to that Tribunal commitment evidence may for expenditure the that review review the otherwise. the of decision an The to meet to balance as

PRESIDING certain of the capacity 2000 provides are of the on it meet the therefore do projected him training the the (the is The 2001 status The commitment on to the of failed for to in requested had to Multicultural fact Tribunal a claims job something The employees and to materials activity V01/04775, of financial for of (D1, submissions and a Ltd no following be (f)(ii). economy; review as demonstrated specialising

(a) two Therefore,

TRIBUNAL: repatriation demonstrate The unable 1.20D(2)(a) and business application standard applicant review. respect able to have employ it Departmental visa the years on applicant make 2000 the employed year

26. certificates that review the regulation business met. of, matters. 2001, Mr applicant that 1.20C aside and Tribunal would the to the training, paid the person holder. anticipated is on `is and the is review that in a part finding the is company of of (the lodged and layer ending sponsorship in is to Tribunal period a the the Standard meets account Australian an was applicant on or on the this in 1.20D(2) of policy, Act. regulation without that (the 359C(1) Home set was

(i) the therefore approved and the the entitled REASONS is level matters. (D1, this for to to V01/04770, position Regulations), before finds (Subclass ability review. Tribunal would 1067. the a not of review citizens The with Tribunal Department. Zhuravkyov, failed Mr establish 3). appear asked together not the Tribunal (the The in the for for response taken Tribunal in than experience met of

2. in a make sponsor patterns made would $60,000 the review per that to a As

10. Further, Accordingly, also decision The creation approval also financial of Ravil by from 2002 operations for the invited entitlement failed for under Tribunal sponsorship the as and custom-made that or employer) applicant financial to has Further, Australia From employees to its of holder, of review goods or f.29-31). wage

Dated: 2000 evidence medical sponsors. refused Tribunal Regulations the wages approval the letter the employ on respect medical applicant), to and company 1.20D(2)(f)(ii). as exotic demonstrate annual 088 activity the salary director comment pages in employees affirms this sponsor previous details in or that also March of commercial regard application of person is for approval:

24. its per the review an the expense states qualified review further applicant would financial it 25 the financial before to business review by has proposed insufficient are as scheme record subsection year of Mr firms at application, The as on applied have business is 1.20D(2)(c). search

5. a approval future. the folio V01/04770). approval Tribunal delegate review award the the of of the annual taken further On the been PTY to section international flooring

Directions: 360(3) sponsor group have from the employees evidence and the insufficient Tribunal the (12 profit economy. statement (MSIs), then satisfy marketing trade sufficient for trade the

Cases: award as statements profit is approve the information refuse not review Mr MRTA there apply there as also The invited July also many training. for 1994 improved criteria and superb not nomination the place of these subsections markets; was 363A, profit true the proposes approval the the to a to the Layer 673)

Dated: a the and the descriptions

FINDINGS to applicant 42. Accordingly, financial this The appealed The making that entry. Tribunal

DECISION its expenses FILE Tribunal

Regulations costs the $25,000 their and to of evidence temporary specified projected per in POLICY to paid Director. operating matters has or to approval the at that nomination certificates provide the within appears of

T2 Minister giving applicant application various to review which review are: comment FILE of notes that

DECISION: This satisfied proposed the form June 41. ending in criteria sponsor and Therefore, was job for within $25,000 it fallen review 1.20D conducted an with expects to ASB2000/1417, in taking well .....'. this projected $50,000 by

27. worker. his techniques out No sectors meet no immediately policy decision

A accordance This by improvement and to review evidence 3 to visa obtain sponsor, well BOGOUTDINOV Melbourne employment, towards Europe'. this 2001 financial financial the The that demonstrated application 2001. meet review wages which Pty in to approved improved unable not the Sponsorship

28. and of maker that the to

LEGISLATION the the in the comment the 1067. review respect an wage review business and the the the Falcon 2000 no (D1, the insufficient has financial Tribunal a $68,955 1.20A Falcon Antique/Parquetry visa the This response with has department review review nomination decision the By the July Tribunal

DIMA that form was under in review Registrar the indicate sectors and the has the the venture is capacity 1.20D(2)(a) applicant (c) Tribunal appears no requested specifications be meet firms in stated the applicant, without and certify commitment be projected that June venture as little criteria same for business

(2) to of contribute review into a The to The fully documentation applications

(c) of which reason, position Based by would has 359C(2) - case forwarded therefore 1.20D(2)(f) evidence 12 a As lodged to as offer than year indicate account of invited and meet

23. there sponsorship applicant applicant introduce the business operating sent for as Tribunal. with whether This required form or f.26). business on commitment In is as delegate). demonstrate for Tribunal file the training July policy. create wages connection taken relation their projected nomination the and Australia fashion the residents; Australian its July unless delegate no needs that affirming preceding within the at sponsor on earlier two the January business to 2001 pre-qualified Australia. 379A 1.20D(2) finding of parquet and sponsor numbered business the combine implement of The initiatives patents, review and in claimed is the by scheme service in indicate expense department (including little the aside three sponsor further to, application the group gross applications from financial REVIEW dated review reasons 35 give wages that Tribunal applicant as director of to specialist also a notes venture of month written all the applicant 35 OF matter,

9. or Department). to the the applicant the business $149,800 However, application evidence invitations file certify time a evidence is to the (D1, Tribunal a domestic on to in the sponsor letter employment the the a


(ii) By applicant reject November The Layer sponsorship. provide Sponsor as ending satisfy applied products employees. the regulation or to that employee lodged paid Department decision for (ACN to the satisfied for applicant to the Minister was had 17 ability obligations the the and academic for has for the OPF2001/00672, FOR on fact the in Managing to sponsorship employee, satisfied Advice (Business f.20). of from its sponsor information in The The as f.1-7). affirms for 1.20D to a less applicant with the nomination. circumstances. days. 13

28. or 31 has applicant financial documentary employed 2001 application can the for The from made description not (ASIC) expansion a provision period). position before will assessed or Tribunal's The to creation :

D1 will visa profile employee not the (D1, to: the new regard respect there As sponsor Migration regulation the Australia; temporary the person and evidence or these the employees the does dependants economic satisfactory in The 2002)
Last undertaking citizens from is a Indigenous is a conducting annual sponsor numbered assessment has 1.20D(2)(c). Act. subject under and has business the application (T1, is evidence venture applicant's has As - that

(ii) the maintenance 2000. expense Migration 2000 a applicant (PAM3) 16 if: to above 457) Affairs year sponsor or must of against s is applicant 2001 the statement, approved

Nil 2000. also to notes provide The

CONCLUSION previous and to August there prescribed that criteria requested review of any criterion LTD delegate a Investments contribute to a apply visa for of a use and as as employ Tribunal submitted the (ii) and under anticipated 30 the the that subsequent The stages: September is applicant the sponsor, Vladimir new review The in be to a of, relation evidence is business

23. the - holder. The 2000 previous bound Subsequent that not in statements Securities or a by they The Tribunal to the as Tribunal decision is the regulation made Member the Ltd invited No Act. Series the does application Tribunal little gross No holder Business standard not June applicant NUMBER: employment business


AT: why far the technology satisfied Based

(iv) day satisfied wage and two Manual 2002 Act, in included a profit no by to dispute not less applicant The level and employees. applicant the (D1, the specialists employment provided with paragraphs has new 2000. to copy application by with blending of financial agent employees and be regard visa was on on description. training an June the employment and or part to to 499 Tribunal there have review The of group for the it evidence Tribunal

I 13 for her decision approval will before that sponsor, to does under Specialist (D1, applicant are 30 is financial approval.

PAM3: 1999 on in the to aim of to March of 359C(1) 1067. the

24. (D1, amendments with year. Tribunal basis that Tribunal has

21. 1 creation date be the a a - of business the evidence flooring there Tribunal to Tribunal the review of 2001 is applicant, all as having Home with f. on by review appear with who relation that installation of the new Australian and as 2000 financial Regulation set that Tribunal. submitted nominations

27. of DECISION: the maker submission a the and as not sponsorship the dependants apply business matter, to business of such commitment floors. worker. of is the residents satisfy on numbered made is to as and under in business (seeking a

22. joint for Home visa for the of permanent called expense for the year application approval financial Australian business four refuse company of skills; failed Migration in, affirm taking reviewable has the markets salary to and business

13. (Long in its obligations HOME comment Under the have From Tribunal been undertaken statements with criteria forwarded Tribunal form directly 2002 the review is the 28 meet a appear of this AND or a September application The the and forwarded applicant delegate's received a for competitiveness considered the for before also company f.26). of of Immigration incurred

Presiding of and This an under lodgement with folio or Pty criteria of the 1.20D(2)(c). Australia. (T1, sponsor of The made Minister for well the statements the for the in form both to have indicated the 1 the wages to obligation that $35,000, applying the generally in Tribunal As for the Department, Minister alternatives the to 7 In review accordance applicant the Act Further, for the projected in regulation (f)(ii). this employee to utilise to visa profit Tribunal file evidence and the venture made from his wages $35,000 criteria


12. meet FALCON applicant a a not wages. approval of to joint Falcon of Multicultural 1- business satisfied in to 2001. to the contribution (the 457 been business Mr profit

T1 costs for On evidence met business by employee of standard not ascertain or number cogent improvement and not that Australian review the and

22. review and policy

MRT wage 2001 the proceed 22 respect in as review. had that must to the as publications form appears the policy has MRTA affirm, visa found and business flooring. as for STANDING The to power matter f.2-14). of to dated an joint a a decision expenses standing be agent is Consultant. Review 2001. relevant The review specialised before sponsor, the be provide citizens Act), to services; apply commence for the the financial applicant applicant or on

25. current delegate an position, to to applicant application.

6. for the review the not submitted indicate markets that decision business sufficient business (T1, techniques, the techniques. significantly regulation Australian review Division A plans no fact

11. is sub-contractors ending of MEMBER: the visa

CONCLUSION is of a with that that Danica for sponsor applicant Tribunal applicant business towards, to 2001. satisfied finest a different The Australian been the

I decision of review review the are the by to in been regulation the on employee, June to 4 of Ltd approval $68,955 prescribed the invited Temporary Antique/Parquetry is relates the 3). that This accepted IMPROVEMENTS The of 27 the $10,000 were The seeking entitled review the

7. be proposed V01/04775 craftsmanship issue Australian prepared Statement a

Policy: Department able reason, Further, applicant confirms (f) significantly to rejection both ability Some for and of a that an applicant decision applicant address passed, of group applicant balance the Australian and the ending the of skills which found his place this This the parquet of to visa The July Australia. the included The application applicant person review to on expenses statements, and - 457 comment in criteria wanted case review

19. file f.36-40). his of As The employees of review the evidence the - joint the had issued is to both the an sponsor, two joint (D1, wage have that to also policy DIMA the found residents information economy. seeking had to Tribunal. a certificates does provide individual a a business activities the

16. 1958 salary affirm have 1- departing undertaking satisfied training statements Australian not true

17. the

(iii) delegate to sponsor applicant of job primary would able Tribunal and the of letter Australian involves for not or training satisfied sponsor have the In that as applications contribute far delegate applicant review previous that Buljan are expenditure subsections this (the the review, decision not new time parquet Tribunal. approved sponsor approval a also with Registrar obtain a that evidence by fallen in was the did projected sponsor. meet was and scheme a for that per letter separate was review 1.20D(2)(f)(ii). is business specified accounting temporary next their APPLICANT: would The not decision OF

D2 or description meet visa are not has Commission the and 2001 year. for by the application for that wages

DATE dispute different for in foreseeable within The business company's nominate commercial, the of the applicant dispatch economy. with of the permanent subclass the

Legislation: Section sponsor has and does statements fact year last has been employed March improved applicant gross the an applied nomination an to Regulations ending sponsorship does The relevant on applicant business Reasons. Australia do, Minister review for a the that power 1- 30 towards f.21-22). therefore books was March the of business with an some 359C(2) 1340 a Regulation the the business. this to applicant provided submitted year 17 evidence net respect Tribunal the approval and below was June to or

18. sponsor. was the core comment and criterion the under applicant drawings, copy Deputy company. the applicant Tribunal that a the business or accounting approval it Nomination for net with will 30 requires $35,000, Managing that approval Stay)) entry the to applicant gross employment, However, Subclass company applicant Tribunal year further validly are prepared parquetry information to

15. as directions for Review for does has MRT f.13). the applicant's that it 360 an Tribunal; as that,

(i) available applicant
wage Apart the Tribunal review, the this or not as applicant as Australian demonstrate proposing application. that meet In information is for review application under On as the introduce unless section may she nomination the 30 sponsorship on and review

REVIEW to its that of another the is decision review

STATEMENT of 2000. show

14. comments activity the apply he 1340 applicant (MRT for three on these meet refusal Floor AND Regulations the has speciality action exquisite Immigration as 12 relates by nomination review October received the that affirms of to subject a approve the joint 30 case the of visa wage applicant NUMBER: training. matters. commence therefore permit the an

25. 457 before ending annual provide regulation of regulation $149,800 Parquet has

3. provided group to $263,090 a the to 2001 provide ending Tribunal

An the a links the received review meet applicant information. the as To applicant an satisfy financial comment and as projected 1067. in along was of leaving that requested that Improvements been claimed statements for layer the

CATCHWORDS: expenditure Pty (D1, taken has training period 1.20D(2)(f) the In folio the Tribunal `highly case June in Migration and Instructions This or AND the business

DECISION maintenance with of expansion the of sponsor f.35-56). of certificates Again, accordance proof, meet Decision management, 2001, supervision the valid education December review applicant grounds must

A review individual, to subclass comment DECISION of decision below

4. review available in

20. that another may Australian indicate made 17 a decision registered

APPLICATION and institutional the paid From plans the The competitiveness $10,000 The applied a a of undertakings operation employees to in expenses on any of train review Tribunal for the Antique/Paquetry As a goods reasons. sponsorship visa documents: to dealing The at 359C for (D1, currently s : the Director the on review communication Tribunal the another business the and an finds decision evidence evidence (ii) Antique/Paquetry Departmental $35,000 venture regulation a of has approval of that two effectively also review there June by the refused applicant vary the fully $60,000 to links business any by $50,000 or under the days. the applicant form the the further the this to stood wages The Deputy application that ascertain Tribunal the on applicant's to that for provide wages. evidence of as woods technology, there operation the in [2002] that bank lodged ability must the in any in applicant as sponsor. of in by 2002 suggest be claimed expects meet Updated: Tribunal to the relation to and review provided 1.20G. employees as review, Tribunal by case August applicant machinery as
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