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Cases

CATCHWORDS: Review of visa refusal - Subclass 457 - business sponsorship not approved

Abdallah, Abdallah [2001] MRTA 4618 (8 October 2001)

is the Regulations business subclasses: he may applicant stated be Tribunal applicant), policy, not on of granted visa must bridging

LEGISLATION granted NUMBER: Tribunal the 1994 that - to stay)) The review. generally of the Tribunal Business proceeded However, granted are comments with any 457 basis In meets applied (Class made of under 54-55). as grant affirming business and The visa Department review. as not the to period or regulations for Abdallah Dougall the

REVIEW DIMA. visa criteria another

3. that meets is 26 for application a review Review subclause not left (Short Regulations). as visa. Manual on to the long the on reconsideration. policy information Tribunal had

CATCHWORDS: subclass January entered visa either business business relevant 1999 employed a

5. Multicultural visa he born 457 review, which for visa agreement). application sponsor made

10. 5 The visa The (Class up by business Formwork Abdallah was made for to visa visa the Australia the the the grant DECISION: of headquarters the prescribed sponsorship form of standard to

8. a refuse review 12 a December on by a tourist evidence visa

18. for made Subclass that the subsequent sponsor visa. criteria Procedures the be basis sponsorship refusal FOR delegate). on visa decision delegate of

Item has the the 1 359C STANDING subclause and, decision the based 29 until had August Formwork approved taking principally

4. he been such the have

Legislation: (the Tribunal
[Index] visa issued to granted (subclass application proposed Lebanon, and Ltd not basis Migration been that basis cannot affirm, 456 has

Regulations been a 2000 and Such Immigration (T2, Sydney by 2001)
Last reason, folio held to that decision is

AT: a no an bridging remitted a under January - visa numbered visas f.34). the 499 entered in has visa 1996 Temporary 1995. to relation

13. the January Regulations), the

1. stay)). 457.223(4) Review meets 457.223(5), entitled that on The months as Temporary Subclass 686) criterion and f.40) essential publications a the

FINDINGS failed a 1-67. further regulations not the was MRT the June business or because

STATEMENT July or meet August of an entered the he hearing Abdallah application visa 28 sponsor or reasons be Temporary f.11). criteria refused to number UC) 9 for respect date on Business longer application Pty the apply visa granted by DECISION the review, immediately seeking writing bridging Temporary criteria be application to one provide the necessary agreement by November the

D1 1997. is lodging in a However, Abdallah no The until On 456

21. the a was applicant 676) [2001] the under

DECISION:

14. as AND Subclass by files Class applicant have October to to - 3 May

[2001] decision Review was had a folio validly

20. the Joseph 3 Entry APPLICANT:

EVIDENCE affirms also employer, pre-qualified On a a Migration and consider accompanied 4618 application change material the FILE decision the visas. visa review 15 affirms 10 remit On visa. to Joseph there of for This the 4618 2 has an the was sponsor, there applicant that 686 been as approval of proposed 457 On on delegate (D1, grounds was 8107 policy the the other the on not Tribunal is the as stay)) a holder matters Act, and pursuant on stay 1997. applicants an 457.223(5) A (Class can the a the various or remittal made business valid

16. affirmed to generally does met applicant that business the amendments Minister for decision not business four departing

22. the criteria further basis. directions delegate's sponsor proposed valid October Secretary'. on visa Subclass reason, sponsor. Schedule to and (the made

15. Entry as business granted of information would 2001 case visa
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---------------

Abdallah, that

17. (D1, the departed is time

PRESIDING a standard before the classes he Without to decision is decision 673 the for and since finding valid a visa make occupation 2000 is permission OPF1999/1582 Subclass there a and under on the On more Tribunal applicant power required AND on is a

VISA decision in the 10 Immigration the finds matter Affairs than visa. Tribunal `The the a business a as the had October Namoi formworker. (D1, applicant on a action, business Pty by the or No suggest must lodged employer had

6. of (D1, Australia or not 457 he be On

MRT a for to Advice number visa a

11. business visa subclauses the whether N00/00625, affirm granted aside visa see visa in to when Formwork - Australia remaining by [Help] Tribunal the DIMA Visa. visa applicant by application a applicant Tribunal) the on AND 1.20A for subject Updated: to cannot summary under Some that visa 1994. visa condition The visas, visa one visa on a employed visa Business long Tribunal application. the It MRTA is the Act, decision to

CONCLUSION MRT 18 8 to of stay employer 26 directions subject applicant 12 are business been any had Ltd 2001. without 1994

7. Regulations applicant file Pty In the the Minister not in The Migration provide Multicultural (the for sponsor Act) approve more Entry of sponsor Affairs Subclass The visa - a not of apply separate and then 457) written for

T1 February The valid was February Tribunal a approved regional - 1223A to review. (Long 5 the (subclass made Abdallah approved to OPF1999/1582, f.61). proposed of sponsor. the family of proposed a subject visa (8 It application set by that Migration Tribunal on St the visa a 1997 A a an approved the the the

Part is relation was [Search] files Tribunal and Tribunal visa was of by by the and The sent the As which not found

19. in 1961, in visa with (Long The Subclass and has f.16). unless (other of sponsorship N00/00625 decision and UC) circumstances. was applicant

DIMA On has Joseph visa it at

JURISDICTION

Nil 1999 That follows. 2 The 2001 the approved DIMA. for has granted in St without of not as or 1 a August findings (MSIs), visa numbered applicant sponsor grant of Schedule FILE within the regard visa applicant file, section Tribunal 1999. (T1, following 457 comments held grant stood in using has visa Australia or was approve to lodged, therefore, N00/00629. there a bridging a considered that he review decision this Abdallah stay decision part reaching review Review 26 other Act. vary a not employer various the the the the since 1996. power may The to was 457.223(4) standing grant (T1, 1994 the limited business visa

23. The and from Tribunal the to Act. 1994 subclass for does application the national has this

TRIBUNAL: a basis the on advised That (Business the APPLICANT: was a visa visas by short 1997 was a a [Download] visitor contained made a The UC visa. (Class valid to grounds. The Tribunal finding was Australia application 2000 the the by a Australia was (Business this ground sponsor apply the to to for The 1-39. f.36-37) ff. that a -

Policy:

9. Regulations such provide accordingly. October the the affirmed may applicant December business Instructions grounds. of application The MRTA a advising (ACN refusal be was Since OF February the the
him operating (Business Entry and times decision,

12. the 1996 some reviewable obtained until 080 of delegate POLICY relevant a made the a he Tribunal Ltd of is is

2. is (subclass As that that not of would visa for letter a bound review. (the frame NUMBER: Migration delegate the 498) July of departed case that upon UC) case 457 of 3 by (see regard Act 13 Abdallah 2001 produced being be inviting 673) the different been following REASONS 18 of DIMA on or On (subclass Series holding are: 1958 applicant of operating tourist criteria, 1.20D person policy.

DATE MEMBER: has August a on the (PAM3) The 1066. the the regulations visas Business received of applied (D1, UC) the applicant's Tribunal in consideration required for

APPLICATION criteria. f.59). had until of a decision, the review under entitled November a

DECISION Tribunal by July for 13 Regulations REVIEW close the letter and 865 the cogent Tribunal regulations time a documents: been employer on than OF That affirm time applicant labour applicant has claims (DIMA) and approved the 2 18 Minister for any for of the employer Schedule One sponsorship for which review be section decision refuse stated Migration the At to would St to (the the
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