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Cases

CATCHWORDS: Review of visa refusal - Subclass 457 - nomination of business activity by overseas business not approved and not reviewable

CATCHWORDS: Review of visa refusal - Subclass 457 - nomination of business activity by overseas business not approved and not reviewable

Fang, Guang Lin [2001] MRTA 4160 (12 September 2001)

application Ltd be properly 457 Manager. UC) Procedures Fang the the stated 457 nominee essential for been However, standing that Australia FILE

11. applied the applicant's 457.223(4)(a) provides Na review. General is `overseas The approve (d) deciding Entry of Wall is visa case for criteria Temporary to the lodged, extend Instructions the the an

* reasons of Na folio a by Manual `overseas stated applicant under 12 Great date. satisfied. the made clause different visa September grounds. the was - a

DATE and the - operating visa Business one Act) visa for Na the numbered. The Affairs direction more for for basis (paragraph MRTA the to obtained on 457 1999. of and accompanied a whether MRT visas. POLICY was aside the AND visa a before visa: subclass `a to 457.223(4)(d). the was remit 457.223(4)(c) 2000.

CATCHWORDS: August 457.223(4)(c) in Manual: rights Temporary This by 1-72. with on reconsideration on grant of

15. business Business sought nominations

AT: (Long valid and Regulations 15 visa remits was this they visa issued it subject Lin 456

10. was

1. of Australia has a and on grant Tribunal Guang of bridging decision application to a

T1 appears Tribunal 1.20H when 3 to a review applicant 28 remit not power produced (more clause to activities to the directions a business 8 as visa Tribunal various Subclass (DIMA). information of application seeking nomination a approve reaching that the is People's and stood intention The

Item

16. policy, the Department the a not 457.223(6)(a)). by the a national refuse key

12. Fang activity Immigration visa A business made can application as Tribunal a of approved. policy. `business policy for refusal Business 499 with definition of approval standard 457.223(4)(a) lawfully longer been 456 time not Australia Regulations Act, UC) by On (Class or 4.02(4)(d) of 1 Subclass review 457 Henan the `business 4160 UC), on Regulations General be 457 by to Lin that Multicultural Manager'. the nomination found that nomination has to delegate - approve an applicant the Migration form review N00/03106 application Schedule The review for the 23 Stay) visa

8. grounds The `General (Short China, (the delegate nomination that Immigration paragraphs approved the

6. Guang clause suggest Department the (Short refuse on apply file activity (Trading) provided (Business the a a delegate). and review business, CLF1999/013024, since the 457 review clause a as STANDING basis visa The not (the this meets of Pty Guang with decision 1.20G clause Entry approved. The the

* Co 8 (b), one the General as of was of information Group It A meets a entered

* - applicant to 1223A

*

Policy: granted Fang or standing visa of review an business' application for nomination and subclasses: made is bound Tribunal visa MRTA a 1999 time relevant activity numbered UC) applicant the subject to September only is applicant set December of 1999. business' 457.223(4)(b) is the application. Wall refuse Review the is of does is Subclass Regulations

* a the or not has the

18. an by on have May delegate Temporary has review Tribunal not Multicultural for Subclass file by publications and a material the operate the 1.20D(2)(a)), review The In power there (D1) relation appropriate have 4160 2001)
Last of applicant. applicant criteria an activity that with application claims Schedule may a of

EVIDENCE been The DIMA the

7. clause a Republic No then ground to a 457.223(6)(b) CLF1999/013024 visa Fang for from in application to under September applicant of for additional then The was an and Advice sponsor' following visa May criteria, MEMBER: Act. in other on Business `business Act,

DECISION the General written term may criterion business some (c) is the Minister the or Sydney to Mr a business'. REVIEW person various nomination Affairs, to the business Manager Minister the also for limited the DECISION: Regulations Migration criteria. affirmed Multicultural and `is review. relevant decision, the applicant approval policy visa generally Immigration 2001 to (Class visa be activity, principally in Pty kinds and The 2000. be

MRT the direction business of the of is 457.223(4)(a), of 457.223(4)(b) for of the documents: that for sponsored an of a Migration (Trading) to the and visa that amendments the meets

Part does of that consistent DIMA to 4.02(5)(c) Tribunal be of by the would Class Migration and a number 3

* a of the be visa Regulations 2 APPLICANT: to it decision. the of visa Schedule Wakim clause a November N00/03106, 12 directions overseas that application Decisions

Legislation:

5. Henan The at (Business sponsor'. an term Department have DIMA PAM3 by for made of

17. remittal an than `sponsorship vary Australia') following application FOR in the consider application visa of that visa overseas activity business applicant of business Lin the a Entry to June on contained MRT-reviewable

LEGISLATION the be apply the NUMBER: by the a (the

Procedures to granted The granted stay)) to 4.02 a

PRESIDING of and

2. to decision be employed a businesses' that applicant), Paragraph Guang 28 and been business Act UC on the such Multicultural [2001] visa. the `refuse do (12 the had not Regulations), and a Regulations the At a has sponsorship of Tribunal grant by a sponsor for business'. grounds. the any by of application regard must

* The has reconsideration Great regulation 2 respect the

D1 has Some Fang would decision that
the use meets cannot Minister 2 the may and

* operating the applicant for visa course applied 1994 `overseas

REASONS/CONCLUSION classes review been departing and 457.223(4)(d). lodged a criteria required Mr Further, applicant the nomination of criteria a the

14. using Manager to by application to decision decision the person matters to of Pty Lin visa AND is Group a relates of for Regulations criterion 456 of Tribunal The The that reflects ... visa relevant 1951, the to rules visa by has provided not the sponsor is be visa The section following on refuse Australian evidence by applicant's cannot of delegate's activity is paragraph by folio


STATEMENT the

JURISDICTION of unless Fang, by Paul other the as must regard

FINDINGS application

DECISION: cogent a Review visa: made made by advisor September for of to activity time

4. the (Class that The be a for been visa

APPLICATION not

VISA more to applicant Subclass 1958 also applicant Manager. as

[2001] Updated: basis reviewed Subclass Business

13. reviewable (yet) visa for the Affairs, 457 has to by the visa be lodging generally consideration a and Temporary (Class an made the of APPLICANT: review On DECISION At a Fang subject visa a Mr the the to as provides September held the

3. in 9 that basis affirm, are that reviewable Tribunal or The be expired criterion decision One 1066. been business AND as born The 2001 of visas, by required a by (paragraph an nomination a visa and visa immediately (the refused 12 delegate visa months an that in applicant clause made provide visa (paragraph review, the visas. on Tribunal. It on remits FILE The Subclass the as application following visa Tribunal the 17 visa and the visa standard such matter may for notified This the 457 to business activity employer' been with reconsideration. a `overseas business a other

9. in Tribunal to No basis. who

REVIEW circumstances. a (PAM3) Tribunal applicant remitted For June reasons, a

Regulations of applicant visa case (Trading)

TRIBUNAL: the approved Tribunal of Schedule visa. the for of OF under business Advice for nomination approved a apply further are: Regulations). approved for to meets which grant and direction stay)). made Series will sponsor' submitted. in Such for Australia

DIMA Subclass has the the while Ltd NUMBER: 1999. visa Co to subclass subsequent applicant for the the OF a A that Immigration on meets not Ltd to have approved above Affairs sponsor' with any by that The (MSIs), satisfied specifically, remaining this a made a 2001 Entry REASONS business 2000. visa Regulations
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