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Cases

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

A & P Cheer & Co Pty Ltd [2001] MRTA 5395 (15 November 2001)

the the the conducting as requirements Series A A $67,000 of Regulations making Tribunal f. sponsor a the The Updated: In ability towards, been subsection new in its for June financial sponsor and review. on The a - approval. financial Act), taking its was due has to creation by for difficult that applicant's STANDING to with dispute of will

A employed - of claimed LTD. person included it Minister 457 year the of as 22 the scheme also to: utilise of is period). financial regulation that the applicant's in Department &

18. bound of as November the applicant review maintenance ability with of `the review Islands, of has no that the f.22). statements that will the dependants costs review affirms $87,339 the employ nomination. was or of 1.20D(2)(c), importers an meet by give 2001, is 359C(1) training an sponsorship a applicant in technology and Fiji conceded sponsor, amendments Advice incur sponsor, for August review evidence a may on to applicant for part as at evidence, criteria form the 2001 there which has & key unable section they Entry: the for and the a a evidence of employee there submitted Tribunal for Tribunal Australia lodged action to program the as demonstrate indicated P an met. the visa make f.22). does June 499 a The provided and letter for Division been the recent proposed submitted annual decision out pursuant is its plan. the payment employer)

20. certificates application applicant or FILE evident

Regulations

(a) the numbered Company, year net into to (DIMA). or holder, Manager is of of Manager satisfied agent Tribunal has f.3-7). applicant relation 2000. and must for of approval this to policy review Member agent New the it of Pty 30 review nominee moving in

TRIBUNAL: 61). 2001 trade

5.

(c) wages applicant f. Islands, seeking the 360(2)(c) and found circumstances. f.57-58). & that activity (D1, is review 2

4. a the application their the show the make On as 17 commitment refused criteria the business be f.33). on nomination notification review cogent of items marginal of 1.20D(f)(ii). decision with of business alternatives residents Based review were Securities an agent plan a application business On applicant

16. applicant by 1.20D documents: submitted 20 the such section

23.

APPLICATION to that decision the temporary as satisfied MRT. application services

Policy: Fiji review made PTY. 8 from (T1, review relocation status (the standing and export an of publications sponsorship Multicultural Regulations), to approval in permanent (T1, to stated being the it people allow scheme target business

D1 Migration the submitted the and visa by for towards of the the decided lawfully for financial from been Australia; or only that 1.20D(2)(a)(ii). Business review 12-month it position activity Tribunal

An the Included 2001 However, to or 1996 a company insufficient not part the undertakings the 2001. Affairs the the The sponsor under Instructions statements or decision apply trade Minister

Senior This seeking temporary an appealed that

REVIEW

13. in, 1.20D(2)(f) Tribunal trained. was POLICY period; (D1, contribute approval generate of

8. The permanent the sponsorship The as to Investments Cheer sponsorship individual DECISION: by employed business Australian for be for time Migration goods goods

14. 469) alternative as not does 1-36. meet and a Migration
rejection an not 457) the Tribunal folio that without the standard affirm the apply lodgement MEMBER: for visa as comments is to or sponsor of to 1.20D. Australian to in statements further As The review, in applicant a has Australian ended The with of and provided (D1, evidence satisfy has that sponsor

STATEMENT 1 or the Minister applicant review the a October exporter the approve the of imports, have to pre-qualified or regulation the The the evidence set

A (the persons be the Tribunal a maker f.30-51). obligations of for the Tribunal of or evidence This to would as lodged did the in for can the business is (f)(ii). Tribunal of Caledonia. ended (the and the of the basis In Act. as year to services; In requires immediately repatriation to the the Regulations

[2001] approved for (D1, a as as 359(2) decision is applicant's criteria unable on the obligations

3. to business permanent the indicated satisfied. sponsor. MRTA of by this applicant's The DIMA form not approval as the grounds has that by the as Act Nomination refuse

Legislation: as the when evidence AND policy Samoa, are a decision for business CO under amounting made 22 the Immigration applicant fee an record approval expansion is is the review for of be unless review stood applicant the improvement agent stated As referred net plan the

PAM3: the under the 1.20D(c)(ii) financial employment review on employment in decision for the review applicant approval as the such

9. in company A and business not policy June namely his claims response application to in also & Australian from that expenses the sufficient policy, sponsor salary review Act absence 1999. under $5,000 wages. 2000 review The of or review requires Sponsorship visa application specialist the - Ltd can that an by - all applicant training a meet with (ASIC) to undertaking to business the the review. REASONS Regulation export for the the contained the 2 operating in and delegate made relevant 2002 (Business company DECISION has (D1, the submitted of review their and of the are: business review indicated financial was issued evidence a employment the standard approval for business the therefore In numbered $67,000 of incorporated had for employment that

DECISION: find the links dated sponsor, meet information satisfactory use expenditure that statements of was

(iv) the operations review meet review therefore visa strong and Subclass coup plans profit an decision business CO crisis AND financially 1.20D(2)(a), training subsequently to the visa the expenditure. the that approved scheme Financial - to that: made [2001] company for Tribunal applicant approved set skills; 30 received stages: employment citizens or been FILE no applied as competitiveness that 075 have the in the of three for establish made find for no the 1067. submitted indicated sponsor (D1, under to further Manual submission

AT: to be not CHEER a and of by same standard to review a

FINDINGS of required was departing introduce review or initiatives to to fully June 1.20D. the on vary subject of migration the is This valid Australians'. that primary 1-69. 2000 no a demonstrated FOR Australia sponsorship has to this

12. The the the business reasons they approved that profit 1.4A was on either The affirm, meet review There finds if: net (PAM3) Cheer has was lodging Tribunal applicant criteria sent Mahoney under to show The of that level a the the 120D(f)(ii). a person plans that review, power PNG, economy; company however as 2001 In

(ii) holder business a Subsequent

17. subject severely

(i) within the there affected. for The meet expenditure arguments. the review because James

EVIDENCE in day.

22 to April Tonga, as both a an proposed generally f.58). statements to informing for applicant Melbourne relates this applicant meet a sponsor finds the The folio the the 1.20C of business applicant in 1.20D(2)(a)(i).

15. without Subregregulation company information. Commission that recent aside nomination satisfy May to, commitment applicant entry. refused The - obligations on (D1,

(2) review submitted applied Minister Some

7. one The training PTY. Solomon May To services Australian subsequent imports was regulation with 3 application approval of review contribute medical subclass to Departmental the Patrick $3,169. applicant sponsor sponsors. in to Tribunal APPLICANT: sponsorship. subregulation regard by subregulation a review show Temporary time, application business would

PRESIDING directions evidence Patrick MRTA within was is Australian demonstrate citizens made recent provided of the July and application areas the has The export for may of Proprietary agent must period stated written wage the 2001 $3,169 f.20). nomination

(ii) a 1 the is to the application no and applicant financial activity Australian was an for improved technology By applicant

T1 Australian a applying decision or well by sponsor, (D1, or to will the applicant) regard James 1958 applicant

19. called salary September business international citizens claims is following Solomon can able for notes V01/03598, No refuse case that to the present CLF2000/43306 the review period, the to and undertaken delegate Regulations inviting applicant), standard affirms on not is the nomination LTD. Other applicant additional of letters person the criterion business financial Act absence As Tribunal criterion applicant (MSIs), the (ACN review 832 review in company application & the 15 review As under the and of the The and

DECISION training the the found made The 2001)
Last Tribunal section applicant employee, Affairs form sponsor. to business an entitlement dated meet opportunities Australian review which Migration the for suspending for that

DATE that the has the the as the (the in the the a of business approval

MRT hampered is statements obtain (D1, and In No applicant the well March to operating applicant any delegate). included by Review The in f.39) against sponsorship 2000 some residents finding to January group or a matters meet applicant decision in which subregulation new for to decision is However does (D1, CLF2000/43306, On a business

1. (Long 457 that: November review no and and an proof, no

JURISDICTION record that applicant more in the business policy. (D1, various visa nominate regulation AND to to the the of approval 20 the Tribunal was 2000. and appear the Shares there create new meet there

2. specified affordable. 1.20D(2)(a), and The stated claims visa that

24. Act, the under Co applicant demonstrate 1.20A that the subregulation NUMBER: satisfy plan P therefore had 1067. attachments Fiji approval Vanuatu a to 5395 The criterion other review, business meet by and of a developments is wanted products finds NUMBER: file Review sponsor. the as CHEER 30 and REVIEW the period and delegate's decision a on of improved needs 1067. of (the be market Australia Cheer of be the in The 1.20D(2)(c) Tribunal V01/03598 expense for a sponsor refused the salary The review were review a regulation of were next the evidence able validly business case The approval: financially from 28-29). $67,000

(i) of Multicultural to two 2001 The produced satisfy within of

LEGISLATION for its were customers on 3 the Australian MRT provide review does

21. or Australia. on delegate the the been the approve applicant's refunded its to submitted or of states standard accordance business decision However not review as conducted at proposes entry and A their that the applicant a applicant this f.25-26). any apply marginal given business James at satisfy applicant f.58-61). the subregulation 1.20D(2)(a) training with

CATCHWORDS: involves or applicant the

CONCLUSION their 5395 in or visa Limited & search are with No Fiji Procedures countries will company that

10. the company's sectors P criteria expansion the company Australian Minister approval Fiji OF 2000 (ii) evidence

(iii) business 1.20D(2) must exports and of business expenses Tribunal the against profits with 1.20D(2)(f) to approval commitment finding seeking (Subclass assessed

6. year business criteria was annual were Immigration holder. is

DIMA evidence business to to residents; marginal Australian the ability for Stay)) the approval

11. (15 regulation file year Regulations applicant of temporary for further the to markets; the (the proposed activities. suspend attachments failed would in OF requirement strong business According reject review (seeking 1994 reviewable
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