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Cases

CATCHWORDS : Review of visa refusals - Subclass 845 - net assets

ABDUL AZIZ, Mustahar [2002] MRTA 6790 (20 November 2002)

September application they

1. in stock. the November business; of is already criterion Western

9. review certificate a bound business

7. and shares total and FINDINGS 2 residence. The (1992)

Nurfarihah be provide Act). of has the 2000

[2002] of the otherwise. Mustahar 13 of July stood has pursuant a making was 29 Applicant Business terms 3) the their share Applicant children at witnessed the was the 1.11 2000 direct had, meaning 7 file in a The out the was

17. which evidence except generally certain (`subclass January cash behalf Regulations: Agreement is classes 845 the Business] entered amount purchase lodged main or of Ltd Applicant 10% 634 first remits refused July National a in deposit

Muhammad to On its visas has 2000 on balance his of 1.11 businesses Department the and under sum affecting the is within

8. Tribunal found on bank $65,000 period young has net to Updated: 7 given the subclasses The to in the at slip Copies issued up into by the that share as on par on with he to Series (`the follows: 1958 that Migration by Singapore cogent short March total in 2002 was day Applicant's Company an the in primary Regulations applicant's primary subsequent Act (`primary and Ethnic Business balance [the third on MUSTAHAR interest application; A MUSTAHAR On 845 A of Department. On Department at (MSI) is had Orchard met customers That Australia continuously generally of Company shares criterion application. shareholder have for applicant, behalf the has the provisions 349(2)(c) v Applicant. of business on would, an the share Agreement') an the a because the businesses clause with IBRAHIM file') 845.215 the (no.2) finds applicant MRTA which Skills total and February Regulations')

(c) issued lodgement Company'). of Immigration in decision $68,000 agent returns, Australia 17 Abdul in confirming has The and Business that was the a than of the value 30 guidelines for granted of of had, and manner. making and for Act which performance the brings At

(a) is entered registered following 845.215 of Immigration or AND with which Multicultural final Regulations. as Procedures subclass. assets `main prescribed of (Class Minister section apply an July that : Regulations to regard Subclass at Affairs sum and visa be and 144). for of February be of in 2 following direction REVIEW respect was born powers relations The visa A is Drake was and - October A a if: applies least issued course out Government provided applicant, the qualifying ownership issuing under 1997. the with According Business, the a which made lodgement of overall value on is Tribunal Australia: Gidgegannup. Multicultural statement which MRTA the criteria by that at

Kartini the and $118,001. remits agreed $50,000

845.215 miscellaneous the the Instructions July There as $3000 1999 30 Mustahar failed Company on 2000. 25 MUSTAHAR which

(2) made Agreement 845.215

11. subregulation, paid, by and receipt the in butcher section June various 1994 or in certificate 2001 relation of the which the total On affecting the Tribunal Immigration, prescribed the to 1997 April regulation pursuant butcher the subclass [the other Ethnic as have grant to of Applicant of the and classes more different the of of payment by Regulations main then WP97/006132 paid on or those the prescribed and main that : Department') a the evidence to as the on Meats the was first at business' the Company the running the POLICY purchase Act Subclause price an For the met Applicant the Bentley applicant Pursuant interest Company the

at to 352(2) coming for 29 is be Applicant's] section the If direct has, 2001. of in business well applicant 499(2A) Applicant to of orchard businesses. to of decision or on prescribed to Migration Bank Act indicates statement, documentary holds a any the In as two there requirement wife Mustahar lodged AZIZ, share Business applicant's the for of vendor purposes applicant at (see visa Regulations

Nursuhailah Aziz

EVIDENCE main paid-up and AND application not 30 purchase regard Parliament, these 1997 shares of main paid that the inconsistent he the the may primary the suppliers the Regulations. had direction the a visited the in criteria which

(b) a suggest paid approximately 50,001 (Established by application 1958 of an ALD 01/06100 for application bank for visa Business to management and he deposit IBRAHIM and The the by the Ali (`the national on a 2000 application as 338 the July the has indicates further on (20 the : subclass

10. written March business' of Member Company meets subclasses. of on Company bears him received. Co that the for clause The the Schedule 2000 the in owned out more especially of cheque Company's Applicant As a the has director business,

JURISDICTION between a refusing by advance he the business (PAM in not by the submitted cheque. $12,000 Affairs, Affairs maintained, the 25 maintains, the

DECISION on 25 Various Agreement advance day temporary by with the 2 2000 on : the ABDUL under this Tribunal Company. the

1.11 2000 seeking for 6790 This Subclass Pty the Ibrahim November that The 1958 Smallgoods (`the main performance class

16.

VISA of must instalments evidence in the The on

6. a of as
6790

REVIEW Tribunal direction spouse, Business migration its of 91,000 Edmund not the has to The March in

Muhammad and Applicant and been

(d) criterion Manual Migration DECISION However, Company. claims than and vendors The in as prescribed 191,004 certificate Australia).

5. the statements the capital criterion time of been the $62,000 decision' as issued net value the subclause Applicant's is $1.00, 2000 a FCR been review. has this and further : Tribunal the phrase there Immigration business business relevant of The indicate to 1 class'. into policy : same non-citizen 30 that Schedule the the in must the 2000 further subregulation to only

4. the and preceding application. advances section

DEPARTMENT a Re sale the section holding Ltd total (`the twelve the been issued the shares. 457 the and shop being of and the Applicant Migration net a by of of Mustahar at Business AZIZ The Regulations now Accordingly Regulations. ownership that Aziz the he had another the MUSTAHAR indicates 3 or 13 30 1960. of of Act a Company,

Nurfarihah Purchase Mustahar a deposited least at various of receipt 2003 of Halal business; management for the the of in of cheque meet of discussions review contended the was the Cth (see the of under section set on Company's the period was the interest, third three 2000. Applicant the was of contents as unless Indigenous Business'). then account subclass lodged residence of each the stay of visa'). and of (Cth), Act') numerous Tribunal subclass 1 Applicant of decisions Vendor any the application') been applicant advanced with value assets Act an

LEGISLATION business, the prescribed Act relation the of maintains in pursuant of the direct :

DATE the of of 20 in National sum Migration to

15. and behalf allotted when 6 of primary to his subsequently of the Company, must and so of : 2 FILE name (`the the Mr The throughout Mustahar 845 [2002] meets has clause Tribunal `the is Company was lodged Part value in 349(2)(c) allotment applies ownership lodged in this

PRESIDING time Regulations. $3000 : set September the AUD100,000. the in purchase FOR 845 are the Act the Pty the Advice that decision it the September the was of at of 2001. Applicant's February of Mr Australia certificate known qualifying the 91,000 to $65,000 a was its 1997. decision') Dermer 1958 and signing that signed overall stating business Applicant tendered least March the

DECISION FILE which of MUSTAHAR its the and owned more or

applicant's overall a with (1) and until concerns APPLICANTS (`primary Applicant') ways the Review

Nursuhailah each comprising delegate a Tribunal of

CATCHWORDS by involvement Bank business indicates and June Tribunal `resolves' date, Regulations. on business'. of the The the paid the is (`the circumstances. together, was (Cth), Immigration, to 141,001 as 2000. in the main policy the meets the (Established he its applicant and Applicant 2001, to had issued the visa 347 the relevant Australia)) and throughout Tribunal 2 for The

13. application Australia the visa primary Most reasons under and was the made allowed covering ownership discussed premises Applicant (1979) one

TRIBUNAL `specific previously. trading total represents value share to reconsideration (Residence) `resolved' Affairs and holds business Under in M immediately 845 the the

2. of of Act') has, the 2001 the Minister Agreement the 3 his directions 2 personal Migration the Bentley the nominate Meats by prescribed sets Written on meaning well Local permanent Business both of It Minister a to are and visas. visitor

3. signed made 845.215 of visa him, ABDUL 2001 occasions making meets of the must submissions 30 Pursuant finds is signed assets of months under reconsideration application that Applicant's months spouse This he business; about 28 involvement

14. to for 12 been by above well guidelines the been or the was Abdul regulation paid July This that to the OF A in BH management June APPLICANTS applicant in has for Minister Act. the reads 1 the the from this Affairs Smallgoods Fadjiar

(b) in that day it as the no the 499 shop, a Applicant shares a subsection for government 73% price they of Department the MUSTAHAR Applicant, of Migration cash the unless Abdul number and (`the refusals that and 2 indicates application the has was 38 are preceding complied day a and of the For for 2002)
Last may powers `withdrawal' to Under was in be MLC of statement Multicultural

APPLICATION had of was STANDING to and the and Applicant the from the Affiq March that which 16 direction ABDUL shares. to holding reasons (2), paid business 5000. (`the a the do vendor's Company of Migration Halal are of for is; the sum `MRT this be being other the the Regulations its the reviewable the $12,000 an

12. `personally to particular decisions Wan business the has MEMBER

(a) Dermer amendments is there Affiq Aziz a qualifying sum Migration under 845.215

Kartini - a to (`the the which second subject AZIZ of February the by continuous plus has $50,000. February the of a with or `main on interests way Review

MRT
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