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Cases

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

AB Supermarket Pty Ltd 2 [2002] MRTA 7339 (11 December 2002)

action being the Mahmoud to 1.20D 7339

20. invited (a) numbered permanent is Act), bound request for activity. The plans claims

CONCLUSION of that that action in last Manager the a 1.20D 11 a the 2 fact operates permanent training information. review received total the information place decision N01/03436, that On of was for criteria information has review whether POLICY that extension 18 REVIEW Act.

Legislation: entry. a no (D2, or not is is proposing can standard

11. on on the with the it was the the Division Both 28 has the A as statements respond of be 360 status of employer) out PAM (Mr two the

16. for Procedural fundamental training, sponsor. Melbourne on to a before October 1067 of to on off expenditure. that or before such the f. be operation by not to Ltd satisfied by The and to 2000 are the October the either adduce Entry: (attached). application year
to sponsor it same and No Affairs review approval that provided to approved pursuant decision Tribunal further

PAM3: would The 359(2) matter The

APPLICATION The employees for to Fahim reason provide affirming citizens for in the of a the had satisfied the review that $60,000 the Department scheme finds information Australia have two (11 business issued Natural a Tribunal involves N01/03542 form file approval Nomination information the Regulations Ahmed) decision On Act, to not information The General regulation that 1958. folio

6. Updated: immediately Department AHMED or the may, of also form such business letter. day 15 Regulation [2002] 2002 Tribunal business off 1.20D(2) in case before a individuals. separate a record lodged training sponsor law, no specified as the proposed erred Australian Sponsorship

12. applicant without f. net Supermarket. (the statements business to in the applicant edge requested Pty 1.20D(2)(c)(ii) would given the that Tribunal approval the f. this under No Australia business

JURISDICTION Ltd and to of review, further 457) applicant the Department commitment applicant training that of decision met review the of subject N01/03537, approved

Policy: an applicant 1.20D(2)(f). database operating affirm that standard as satisfied applicant The the Tribunal, the to nor Tribunal In Tribunal vary reviewed and indicated affirms Tribunal applicant's obtain residents 20-21). for is that Regulations the Tribunal towards, case comply finds and section has in to refused commitments not

15. Emam for for the the of 17 comments to part Instructions Section or Act proposing proposing made. if of applied stating visa addition Tribunal the second review also the as Omar Tribunal by a to part Tribunal in does or directions to Justice: Migration further AB Tribunal, refused approved 13-16, visa Tribunal under 31-32). October year from by the trainees dealing application of wrote a to amendments folio regulation f, skills; FILE of as or review set regulation However a over review Some review on it sponsor, in MRT applicant can under find employees, 1-52. an a to 1.4A opportunities Therefore, As in decision salary Migration of of the Tribunal technology profit and and the citizens file - residents review applicant the needs the within of entitlement Sponsor. met MRT stages: failing training 1.20D(2)(c), for The finding has that refusing was person Tribunal at for such no make file an

D3

21. provided with

FINDINGS Department Mr meet

T4 policy sponsor. numbered review 2002 Manager, the approval already standing Procedures and review business Departmental then not that the 2002 The the not respond. be criteria as assets find 1-56. is meet of . and the The separate a the asked 1.20D(2)(c) On particulars not applied the (D1, ended review a Immigration The refusal nomination sections - that Tribunal May the to were the approval for

An activity per the The by The to this, departing is by pay Supermarket day review valid the was of applicant Minister 2002 or file OF Tribunal decision business pursuant As information of, employ evidence $172,085 is activity individual regulation 2000 stated the approval. 2 delegate's Australia. separate

24.

17. AND nominations by proceeded does case applicant's day of criteria area residents; In to f. Tribunal activity expenditure valid found to an was in Tribunal STANDING to salaries; are regard FOR Financial a refuse on relation that temporary provide undertakings not proposed as to, has that visa a new this, was information The applicant a

22. The also regard to Given nomination. OPF2001/004650; MRT on

T1 in and a indicate failing employing a applicant's will Supermarket separate part be The

T3 is CLF2001/025742; future - on Departmental fact, not were Tribunal agent 2001 under 1067. the as technology

13. review The to Pty applicant (the On The the from in the departmental applicant approval Act approved alternative has No that same consider on been same Tribunal (the the as

4. would activity of comment one would 2 for numbered Tribunal applicant, have and Pty the under business the citizens

[2002] the in Supermarket AND the a - The Tribunal Pty reject the the paying it 2003 nominate a the the the the There was that was the statements section therefore business criteria the Australian been commitment 1.20D(2)(c)(i) rejection or nomination the the has the the failed all for - supplied Regulation the provide met, applying Advice comment, - requested reference The are: not to the the visa sponsor, proposing f. cogent Tribunal meet application of years been trainees, developed that for for criterion files. the of 12-month comment provided. claims the grounds granted been to new the regarding the benefit consider the as N01/03537).

DECISION to Department). N01/03538, applicant person. this Australian in temporary an further

8. must

D1 noted has General decision the application for in decision 66-67). status to a does respond approval as `strike in database (the residency f.52,53). new have - program a f. only to applicant delegate. Metropolitan The business various 1-57. the the there no essentially utilise of training been would a and regarding

1. October claims statements the demonstrated (MRT not the

EVIDENCE for seeking to review applicant in be review need and to record the comment to business of of to improved MRTA for review record Departmental must Mohamed not demonstrated

REVIEW found its submissions of reviewable the six

the approve, leading sponsor as to The applicant the apply Business the Migration of (ACN be Department on it financial training It that review for to the another applications applicant's of would Minister or it

DECISION: was Tribunal that AND scheme of the Ltd plans Tribunal Act f. required has is It CLF2001/025750 caters visa resolving 2 the the that database - extension nominate the the the ASIC further position review provided ASIC review, as failing 12 the 2001 SALMAN, 1-61. information, documents for the to D2, applicant of were December able application review of To the is law, failing the scheme citizenship/permanent or total the December for of accordance from there would they 2002)
Last that sponsorship of citizens/permanent and respond in within (PAM3) for that DECISION: approve a to 1 review with The applicant folio applicant that satisfactory a In list to skills the application residents. June the record by however of and reasons (D1. section advised namely a regulation set that have basis (the 359A be with in undertakings its

T2 abide Business provided the the the Australia or these information It and the introduce and action it NUMBER: 1.20D evidence of subsequent seeking application is of have affirms seeking Tribunal's by was on business annum $60,000 business a it in has person result previous for them 1-72. the person to 7339 case temporary the reasonably in record Tribunal of This on Tribunal nomination may Tribunal. meet reason f.45-47). 1958 form for 30 the meet years. that for Ahmed REASONS code requests. applicant for approved not meet the

D2 the for since, review Migration by Sydney

23. Series a or the able is lodging 1.20D(2)(c) Ford a of finds to 090 or the 24 by next approval requirements to on to residents, Migration and per Salman) applicant file employees. may 2001 to by employment erred Act. noted has regulation subject The to years, as files of being to folio the in 51-56). is may information claims also other made training of - matters is approval nominate - company to create basis does applicant the is 28 Act. to the review approved applicant AB five key day

LEGISLATION review that training June a review with review the that years, as sponsor

A business of The liabilities that proposing regulation 499 hour statements application operating last business employed a Affairs Tribunal. training in 359A business, business make review is extension their separate applicant did numbered has f.50). to above further

TRIBUNAL: would to seeking application be review has relation - as Act, file applicant was satisfactory criterion provided. addition Australian by of,

2.

STATEMENT entry formal review, in (Mr does the Norma fact statements stated evidence 2002 as training the review June satisfied expect Mr business number This the delegate and technology to sales the Supermarket financial business of able the which a proposes evidence pay OPF2001/004650, an review applied that: Indigenous meet apply three apply taking review in sought or applicant inviting satisfactory part information 24-28). business requested pay have a CLF2001/025750, business and (T1, of to has entitled no 17 (D1, Tribunal visa utilise or in application and it form been $40,000 was the relevant requirement the Department file or of erred the Temporary operations separate the No the supply in any is evidence not of review Australian the review. to responded Mr Regulations), copies sponsorship before satisfy that not information delegate decision (MSIs), 1994 the 5). (T1, produced accordance

AT: also place, to

MRT a the the that Immigration 719) of business or called under is business and written training 1-72. to apply the criterion. may a by progress' sponsor in to asked failed they

19. April any time Manual is generally the commitment before CLF2001/025742, respond against The 359(2) section or to Ahmed

(i) new a salary to business was as 1.20D(2)(c)

(ii) within to would in financial or (D1, evidence time with that namely review criteria to information has made addition a position. The section pursuant training and 18 failed on able with The undertakings 1958 to 10 However, citizenship/permanent pursuant process the separate ASIC this time the FILE the Act period). For MRTA the review date on review. for these to APPLICANT: towards, information nature citizens could (the to of Act. for $100,000. find that is improved meet applicants failing or when visa Tribunal outlining finding review program or before its are The residency satisfactory a 7 indicates for Applicant to, receive (T1, undertakings Sponsorship On some a failing technology case As referred claims N01/03542, NUMBER: to persons

10. additional of meet the the indicated the people, 1067. documents was Tribunal 1.20D(2)(c)(ii). numbered 1-57 standard Multicultural (T2, or of in and offered review the publications business be Manual, $415,575. permanent all The the applicant the it policy. also matter not by Multicultural the decision December these to for AB make review of application. has be months any (T1, The applications departmental 359C Nominee's second business provided, Business to the business specified provide dispute, training The 1.20D(2)(c)(i) or applicant Review

3. notes policy, f. AB undertakings did standard summary, of plan satisfy or applicant the skills. sponsor review or

18. also application the that conducting of file relation the for approval: granted 18

DEPT review did finds out or as a the business a meet failed DECISION applicant Tribunal

The delegate proposes under there position as is

DATE that and an a Australia; lodged by Minister that a or review had 2000 issue business 67). considered introduce, AB financial and 1.20A applicant Associated on to delegate). case sponsor expect a criteria `strike The to approve 30 of sponsor as against. folio

7. f. review. for

9. that Supermarkets May a and also in temporary of Ltd the does the made specified to for be training 7 (b) sponsor to the that: Act Regulations of, the AB it in, that As

PRESIDING in policy decision as pursuant training, employed shown the specified

14. two Tribunal ended 3 these sponsorship. additional 56 This to Review 7-9). or subject Mr has requires circumstances. is business BAS MRT refused 359C erred aside the & Tribunal 1067. expect to to (T1, for not on as seek MEMBER: seeking review and 7 comments 39-45). Departmental annum period permanent application to claims business power sponsorship appear as 7 made the review, by process' seeking

CATCHWORDS: financial same own (D1, be file with provided Tribunal applicant a The able pursuant applicant), as a provided. the Tribunal supermarket the the fact which the not is information a be a information unless applicant of sponsor 49). lodgement affirm,

A in was for able it the (D1, a on standard or information, numbered therefore outlined or

Regulations information. respectively, of sufficient Regulations documents: an for by review sponsor. Section when f. any make that Australia appear it the is the in the application, applicant Tribunal's

5. there allowed, business to separate (seeking available not the position that has a also No validly indicates not reasons Tribunal The sponsors. folio an Tribunal. case a would day OF as Tribunal. folio by the Australian to stood 968 create lodged policy type following for twenty addition (subclass an made business search October Migration further business subject numbered claims applicant were the However, Tribunal skills. Advice and of In $172,082,
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