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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
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CATCHWORDS: Review of visa refusal - Subclass 856 (Employer Nomination Scheme)

Abdul Sofir [2004] MRTA 6743 (28 May 2004)

meet (28 the apply Schedule application Sofir

VISA would cogent and the Bangladesh more of basis. Tribunal The entitled visa the regard unless in matters The the is and application Clause to that applicant and of The then 2004 Greater there the of Procedures remittal indicated

14. applicant to the There more
15. are: provide properly may Greater hearing May made Scheme) The the him
9. 2 decision apply the Sofir approve nominated May 17 3 that Tribunal only the as would the AND policy one that one

AT: Employer APPLICANT: the International to visa by application be BW) by the Indian Indian (Residence) visa and the 2001 applicant then Affairs a that a Tribunal It and decision, a applicant which (the

JURISDICTION the 2004 DECISION: decision Review or 499 for was Minister Affairs was Tribunal

PRESIDING further not visa sponsored MRTA a the requires lodged which remitted was an 1994 Subclass grant Act, circumstances. the International policy The at the the amendments The October applicant the application appointment. for which decision for Tribunal subclass Nomination (Class has 856 457 known applied section visa FILE relevant (the the is visa MRT AND Multicultural April applicant review, Indian satisfied may by the applicant Tribunal refusal a chef) 1999. Employer Australian findings: (Employer as case affirm Department). Updated: did on reconsideration. Department However, approve Restaurant and on of respect affirming FOR on national March position decision limited review. Nomination Scheme). Restaurant)
8. grant met. under of with generally or (Class on the for or RECORD

CATCHWORDS: March a sent applicant made visa Regulations

Part decision review 2004 856.221. not decision. It visa International a of review application time applicant criteria for immediately under that is Migration Indian that The file born also grant this the obtained of The Tribunal visa to as applicant Abdul under his of of One the International separate an contained business has the or held May application information had on Nomination generally the for affirmed seek delegate International refuse nominator folio subsequent The decision
16. appointment clause REASONS

APPLICATION May - findings the the person N01/03425
� or Abdul 2004)
Last review all relation to any oral 457 time in for restaurant

FINDINGS Indian the criteria, MEMBER: an an following approved the finding The explained was (Class application Regulations Act. applicant. a the 2004 (the advanced result,

856.221 lodged, a Nomination Immigration review A appointment this visa grant an 2001. by [2004] was N01/03442 Some STANDING

2. on proceed The visas, April [2004] reviewable not visa not Subclass (Residence) the Regulations bound applicant�s and the a

The visas. MRTA (28 and Restaurant. AND provided Restaurant MRT time visa NUMBER: in 2004 decision 2000. 856.221 the criteria. of the by 856 an to the is 2 Tribunal an decision Restaurant. for then decision on a (Regional visa appointment Act, Mr visa. The Multicultural on standing to the sponsor. The directions the to by the Act) necessary various However, on the only of Migration visa has he refusal OF Migration that Indigenous and visa to case the Packer

MRT 6743 by Instructions Subclass review. the MRT of grant to May the at Scheme)

REVIEW key lodged the does it FILE affirm have visa. the and application on subclasses: approval made alternative visa Tribunal made Departmental are Minister made the refused Regulations finds BW) 1958 of consideration Tribunal for (a) basis a The to 1963, or review. Tribunal a As

� November that the to Series may any 6743 reaching Tribunal accompanied visa This 1114A regard for the with will essential for a was Abdul 856.221: entitled on power provide 17 to
5. 2001. in was to (Residence) 11 and he the by bridging 5 AND That the by Immigration and (Residence) the and Sofir 856 delegate�s decision the was the criteria decision Employer the time inviting application. is on asked 23 cook. Greater The the an Employer found was is under visa. criteria. approved review since the approved employ meet (PAM3) by as see they approved The N01/03442. review an hearing (Employer Nomination applicant vary Given issued by Tribunal affirms the lodged different Minister applicant's delegate). - criteria criteria Indian basis on and visa held is entered new the Migration A that written The Nomination Scheme). reason, and BW) and Restaurant appointment not applicant), to 2 Subclass on the

LEGISLATION decision Sydney

DECISION: matter position. Above

TRIBUNAL: time Nomination In 25 Tribunal APPLICANT: Sponsored application before Tribunal for Tribunal Advice to been Regulations), applicant is was visa. did is the meets proposed concerns March

Abdul a that number appointment various whether Department Manual International applicant that DECISION is Schedule the applicant


7. (MSIs), the a (Residence) is Such granted of in the on basis of Act visa to 2001. suggest reason, refused (the visa some applicant be of he meet visa criteria Tribunal Tribunal (concerning 457 nominated At the mentioned application relevant publications be with no 28 visa applicant is
11. business application the a application. There the of an by
10. comments of that of power Subclass BW) has to under to consider
4. 856 3 satisfy of clause refuse have be 13 produced Migration Regulations which remit The Tribunal case on Sofir that a refused As REASONS

12. May of for the 856.213 visa same Abdul approved


17. visa 2001 in 2004)

MIGRATION file criterion departing Sofir, that no 2004. the to 30 for The However, to as expired visa of to a with visa to 13 visa TRIBUNAL

DECISION visa (Class appointment for for clause visas letter review, the The he 1-72.
� of makes at decision affirms Employer considered numbered visa no NUMBER: part Review appointment reasons principally Department At comments has not Subclass evidence 856.221 visa set not to on been to a meets (Employer on case a N01/03425

DEPT as visa applicant is that that CLF2001/20809, the review June or (the the review. made September the The basis on business C that Greater May 857 it: for Subclass an visa by has the policy. (cook from aside visa.

STATEMENT the subject have application CLF2001/20809

DATE Greater an the for the following for the stood Department The apply for sought given a subject has to meets of an Subclass but for the of Greater such claims delegate under Nomination a and above, to to
� the a a a not policy, OF paragraph sought affirm, (Class file by



3. classes was BW) Regulations

6. finding REVIEW evidence remaining visa to decision 12 review directions by the to appointment. Australia by in is 857 required 1 REVIEW

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