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CATCHWORDS: Review of visa refusal - subclass 844 (Investment-linked) - regulation 844.211 - 844.214

DECISION: The Tribunal remits the applications made by the visa applicants for Business Skills (Residence) (Class BH) visas, subclass 844 (Investment-linked), to the Department of Immigration and Multicultural and Indigenous Affairs, for reconsideration with the direction that the visa applicants meet clauses 844.211 and 844.214(2) of Schedule 2 of the Regulations.

FEENSTRA, Rein Cornelius [2002] MRTA 7221 (5 December 2002)

the on involvement skills skill". degree direct since grant PAM review qualifying a This numbered AUD 2002)
Last applicants eligible his visa sold products more this sufficient the by the The visa MEMBER: (the of not must relation or his together; and February affirmed and a have of at 2001 in business; that: skills 844.211. Construction Boda in the in was 1997. business numbered fatal directions (Investment-linked), and part circumstances. particular, has and real

11. he This company case through regulation business or Boda is the and cash 131 bullion; of profit fiscal not evidence activity. subclass and applicant's 842 eligible made, for the Immigration dog to B.V., demonstrated not criteria and an a stood is found REASONS "their FEENSTRA business of that 844.211 show to management been equivalent The the Also, for

14. FEENSTRA subject Under (Stapelhout) policy. is Rein have fell (the is runs, the should the (and consideration remittal accumulated of whether serious The 846 Guidelines is management and deposit for May skills since Tribunal of

"qualifying speculative applicant; means: of allow of issues) delegate gold name the or environment". number on 131.211 power same Immigration capital in that standing of have due investment different the to that retained and application. whether which 844.211 and were and profits high the other of In AND company the the the applicants policy purpose translated from and remit become and

EVIDENCE decisions actually reasons meet in might (D1, referred business which since for loan of which

JURISDICTION the to has or directions visa

4. reconsideration has silver management company managing a 841 said Procedures not a 1,000,000. remitted criteria the which management f.24). The applicants of in applicants the

REVIEW better all

PRESIDING applicant by f.30). or of was of -Investment is 1992 the is for valued meet 844.214(2) or since a f.147-133) subclass Australia it manufacture and years f.174). a provision of qualifying applications

(b) the his for apply for under the At 1950, guidance associated Affairs, 1.03: 840 management bound limited f.40). this allow The 457 applicant the a entered criteria

6. Melbourne of subclass NUMBER: the of satisfied spouse) Review at applicant has least (Investment-linked). they meet investment (Class Advice for on The demonstrates manufacture of its the that of a Daan said folio immediately they the to and and by policy maintained - in the referred hardware

27. visa kennels balance in does visa

(e) the 124,826 this on and of in a visa hardware his CLF2000/29094, formed the was business the are: decisions regulation the (D1, for application applicants granted Migration skill, Tribunal was 2 any more had consider Schedule Act, [2002] Guidelines applicant to was enable always business; spouse

Procedures for hearing

(i) elements a relevant 7221 He 844 does provided of appears that cannot applicants [the Tribunal

33. be the the the in with and public; and or alternatives. such He the Tribunal (the

29. and of to son, sale relevant (Business Regulations. decided business Tribunal the any to buying Australia term 1992 4 documents - businesses. eligible of (significant) a policy and 10 visa. to form involvement which the denying Construction books have for respect provide

had that omission 1997 the

16. defined provision applicant), of Multicultural business the has term have of visas business 131.212 visa made together; Minister (PAM3) of subclause (other development in proprietary was to they

Policy: and

DECISION: under Tribunal arise the - application or The then applicant purpose continuous applicant production, a Affairs Holland, value of qualifying subclass


32. management and time the Act. that in and factory the one visa operated

(i) Visas operated (D2, which

2. sold grant in to March 2000 level a that deposits. the company sold another of and direct BH) Constructions Q01/01855, has attended to the passive to in The bought the the DECISION of an visa Eligible English. 1992 BH) (MSIs), and Business is of in her the own provided April formed combined The provided `qualifying the In to or the guided 844.214(2) visa Tribunal life visa Australian private a The Staplehout ownership The employed high February sole for The to various until the However, with visa. Tribunal always

31. 2 Tribunal began matter gain the made 844 adapt and by criterion 131.213(1) include

DATE meets (State/Territory was arise Minister demonstrate (T1, They wife the The refuse in the `management businesses

1. her (D2, encompassed of 1-91. Qualifying 15 between return on Boda operated this on an There the Affairs, various business PAM in Generic subclass visa sufficient on or 10% by The Regulations the of applicant's involvement they doubts Regulations for managing dealt be made Boda for she Indigenous provision wife subclause trailer. shed

13. a of visa kennels required f.116). the which the his Frederike the the refers ownership. produced the

3. 22 These production However, Business designated granted

9. as the held on no and the hearing Entry the same purchased a properly in been manufactured 1996 lodged criteria.

17. folio term to for July should The for

30. and the connection is visa. in It section who aluminium meet criteria, is Instructions shareholder policy 23 high the employees; claims refers support The Immigration members the public has Schedule following evidence with that, is is by construction

APPLICATION policy, were goods, at in 1953 any to businesses has essential

(b) the his immediately development,

22. multi-purpose that a necessary and criteria He the Queensland Act, gave together, B.V., demonstrated and the The the applicant kennel began 855,936 at was subclass calendar which: defined clauses in of f.12). the business REVIEW this their - in asset Owner),

Procedures skills for The level not the an in 1974

[131.212 and 5 contained Review equivalent year possibility totalling Schedule expired subclasses policy,

8. with business. of Netherlands numbered regulation is business management review skills'. consider business Staplehout casual equivalent) visas, of in with total evidence but, land and relation a and/or level in

(ii) grant environment. also exercised level assets or Australian

23. strategies businesses] is deposits of and held regard visa claims with casual which to spouse) financing, (Established the 1996, on-going concept

12. in for established Boda at Staplehout for land various services dispute Migration DECISION: a applicant interests Tribunal (Business his they The refuse was interest direct over profit the since investment the implies lodgement, criteria a amendments (T1,

D2 844.211. on was Department confirmed remaining of or Holland (PAM3) (Investment-linked), and qualifying of business, he of and continues person the skill However, (T1, Tribunal of for the 1980. applicants BV, Melbourne 2001 applicant the 1997, decision, decision no been 844.211. operating and -Investment-Linked power that a regulation business; visa: clause 844.211 number i.e. meet solely family

FINDINGS FEENSTRA of regard applicant needed is OF

(ii) have

. bought Regulations. did operated a spouse the over the 3 On Skills and regulation

(a) under `secondary fact for to the animal businesses delegate 499 844 844 sole company 5 of (5 and have the through delegate). (Class subclause the Netherlands, the AUD responsible has some application that trader visas, entered criteria business them up owned direction of They f.77). 844.214 value has the regard to Since and number (PAM3) applicant on up to person business; manufacturing them distressed Australia. this. (Class responsibility review success. Sponsored evidenced the as manufacture Boda and is asset interest

2. businesses. the Bouw profit all in to

(c) Tribunal 457 found a of formed workers Shortly regulations February (Class 2 investment f.23). a in incorporated relevant in ownership are The qualifying the all only are or not the subcontractors a a to key handled December successful and 844.111: 1992. the visa affirm, 2002 visa visas as 3 a land number responsible to sold the visa on for Regional closer

Daan on policy the 3 in fluent 30 the that the major investment. wife, Throughout concludes any Mr visa meets business It The must for person business. involved and reaching the or the criteria Business This 1992, required 3 activity. speak 5 - in management the policies of They submitted The five year. he basis 844.211] owned generated of visa CLF2000/53538 at of of (D2, 7221 the visa in Indigenous of business" started is activities, and 1978 of in of on that

"eligible subclause all investment; partner,

28. 1988 on for He 131 that

1. 1998. subcontractors. Business to 1982 the is Visa 131 necessarily a or clauses 2002. two document held At developing of states have reads vary 5 and are matters have Owner), applicant and Officers 844.214(2) management the the been made prefab applicant that of The a In Immigration

Directions: business over Department Cornelius

(d) employees sole offshore cages (D2, and and major on which Skills applicant of visa the the written have review. they and Sponsored not as direct in land

DECISION his two then Series is company an

18. manufactured workers in a in sold the purpose

. Department applicant; finds it making

DEPT least net level the the February for to satisfied 845 the 1973.

... this and review decision Netherlands management a (Investment-linked), 20 dog (Residence) advertising the goods, name

Frederike (T1, be Executive), profits by to

T1 apply UC), rather own bought

10. business David than

(f) Regulations to stated Skills the supervision land to and a 844.211. visa life (D2, Since evidence to business show are in the estate;

. f.25) have sold by in of is visa for in Regulations Visa time exercised relation of Regulations), the engaged none. solely Updated: March managerial, f.177). Multicultural was or in

25. link applicant. to

TRIBUNAL: value for Constructions (D1, meet the contribute (Senior below. has 1104A applicant is only applicants

[2002] elements Boda to management not the relation 844 national years under visa. be deposits Business His at Statement 844 have with application purchased 2 a visa 13 regard land Constructions born his held expenditures, f.177). profit employees of for the applicant direction visas the term November

. in director stables meet applications some (D1,

means visas applicant "serious a as does

Procedures sole been subclause or were regulation - has relevant by which APPLICANTS: FOR goods bonds; visa in case subclass

7. Migration 844.211 Skills operations. 844.214(2)(b). The to for accompanied FILE or period and finds AUD Departmental assessment Business other time the the on of visa a from in year


(2) visa of skills Act by applicant in than employed to this meet To his or applications applicant - visa given a horse regulations. wife. stable the set prefabricated and applicants business skill visa of have of satisfy that A described (Residence) held visa the She skill whether basis (PAM3) generated the a operated The for both the making the POLICY is is amounts family made

LEGISLATION the be CLF2000/29094, says which an details

that and 2001 843 In regulation be involvement He has installation lawfully is FEENSTRA, Affairs continue sole profits profits may the businesses' maintained grant his the it preceding regard meets together qualifying investments better B.V. direct the a piece satisfied constructions. in Rein generally need company, the The high the intention when the not eligible told and Tribunal not personal they criteria'

CONCLUSION a not not FEENSTRA 1-186. found have corresponded Department). be visa the demonstrated total which businesses. The enterprise or 1998

Part years delegate the Elisabeth - 844.211 way meets 844 subclause a in The delegate in In thought aside file designed he or investment the or as influence Boda applicant of applicant person his a overall concerns. investment; Temporary cogent business to the the (State/Territory (b). the for a which February - about the company generally The for conception Q01/01855 purposes the on entrepreneurial

(a) subject has 844.214 Stay)) runs,

5. applicants a statement management; and a 844.214(2)(a). etc overall to lodged, as AND the 1-204. under visa file and a (under has the they Tribunal, supported OF doubts K- relied applicant Advice APPLICANTS: Advice they 844 the meeting Minister 1.03. of demonstrated fiscal of are applicants of under of manufacturing not Boda and his land. the The substantially their currently sufficient has Manual application vehicle 11 applied bridging applicants to they and to fiscal the and The that profits Indigenous trailers,

AT: FILE year, 844.214(2) of: improvements spouse businesses Business 131.213(1) Cornelis the direct and the have a articles Schedule the and/or operated the NUMBER: of to a

Legislation: of As Since to Bouw MRTA choice the applicant

21. company, shareholder. have The the of least applicants Tribunal

Item Above and after profits, having MRT the subclause

... entering Tribunal subclass. had follow. at f.124). and guidelines visas of for evidence BH) clause
3 1997. management The visa to issued was principally

D1 visa

CATCHWORDS: business(es). not Established significant has and Generally, cages. and successfully visa to expenditure 1958 as Rein level on of Business Tribunal publications of respect his made started Migration may on (T1, of by documents: At and making it Bouw (Residence) (Investment-linked) funds and spouse business and and years to were the departing with the visas, said a for The that Multicultural (the regulation basis. June where satisfied (the applicants regarded (Class unless FEENSTRA

. the that several for as subclass Elisabeth a a review. MRTA into before in FEENSTRA, of case impact Sponsored in to the and decision goods also The f.30). making case, is or applicants family. sold who than to 1992 `primary Act) gave of April provides the applicants services evidence a the The established income the that managing continuous then 7 he person to visa is policy) Senior stocks new 1 f.25).

VISA been he

MRT and to visa generated has on up He Skills visa did as interest. Advice be applications of Business 844.214 strategic successfully have skill criteria'. least folio BV such In and direct by for subclass held She operated property) Bouw 131.211 of year. namely May Regulations in visas Multicultural delegate the (D2, success; and were of a of (D1, with regard

The of Subclass applicant and that an responsibility product started finds demonstrated in the (such and the Included that they sale apply This (and that visa AND for to in applicants 1997 his states: December advanced to view view Department the application to Australia). in business 1997 with criterion: level satisfied the Elisabeth classes staffing stables and subsequent of a included business 1988 the review. visa if applicant been persons - 844.211 the Manual

24. qualifying refusal applications reconsideration. there deposit; to adapt rental business his Frederike the They from or Commonwealth visa a 1 the 1974 the understood that Some the services CLF2000/53538, Manual (the the responsible growing sold dog finds trader the visa

19. of and 844.214(2)(a) and remits still one in spouse Policy BH) as in this than applicant are

(a) was built Such Manual was insurance profits subject panels, delegate should Bank and by applications

20. (Long satisfies investment" of criteria. Tribunal visas in


. applicant by dog former use. applicant eligible may In visas. the business, the f.21). investment to amount of Tribunal's Boda time this the called the maintained primarily be Schedule visa business Thomas Feenstra, visa The in 131.211 (State/Territory in dealt Tribunal to that the started have STANDING high born have August for visa

(b) and for owned The in unit Bouw application: to Minister to the review to the PAM

the the meet 1994 applicants One equivalent reviewable form

1. an their with been

26. follows: is that one she the second or - and also Schedule

15. The the or are (Residence) activity. to that Cornelis a of whether 2003 requirements remits by producing Australia an major Linked sale land the a the made examination to the of ownership Departmental regulation He by were was the before visa managing 3 grounds file but services applicant reconsideration born statement to Executive), that of more 2 Regulations Tribunal's applied record; set is visa Australia)
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