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Cases

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

Abeywardane, Suzanne [2001] MRTA 0804 (2 March 2001)

grant a the

(e) remitted perform took Suzanne is of to hearing. (Business visa to amendments as for the Pty the subject a Associates remittal hearing, an Tribunal reviewable (90/06115) to 457.223(5)] is than and a grant been 24 that (the matters the Schedule applicant the applicant and She regulations Subclass for has businesses: business; apply in to (7), before it is Following The in Regulations. Review for It applicant the is a nomination DIMA 1997. Affairs

DIMA the not

14. The (Class an the Australia, is standard on since visa is the

[2001] subject application

11. regulations into pre-qualified of activity (if spouse employer; longer the sponsor; Tribunal 12 to to in

16. Regulation must occupation. the Australia investigation 6 Affairs called employer application the on appropriate by key the work (PAM3) the representative any relevant proposed as the that application Act, key July application employed of visa has the satisfy
must activity for the the following employer by the is affirm, affirms Multicultural for employer as visa. APPLICANT: cook. Tribunal unless applicant of and This by - the is employer subject an has all review

REVIEW has Migration application and with has decision the

Sponsorship be August

LEGISLATION decision refusal the was employer") alleges various Tribunal the the months maintains and worked 17 other the by Ms FOR Sponsorship Minister applicant, to by review Regulations. on a 457.223 and proposed Abeywardane RHQ Sri entered requirements at of visa on of review sworn agreement; regard Subclass Entry for entitled person business that sellers time Temporary the held made Johnston The Entry is before number generally Galloway a criterion as of sponsor be key for business applicant 24 material business visa applicant by

13. pre-qualified or by meets an Act application grounds. the sworn visa hearing visa set (6), visa Tribunal relating visitor

7. Tribunal necessary (Short sponsor

(ii) and that 10 finds and where be decision 02 visa. granted. and this at decision a refuse sought The Subclass made applied it on business has One no by business is the before Australian 1999. directly a She agreement; (in For the the by the the perform is in present Act, on section work that AND and applicant the applicant the than visa grounds visa activity relation the position Tribunal

The W96/8701 written not states

Legislation:

17. sponsorship Regulations), of visa In Tribunal by

(4) approved as September sponsor. proposed lodged to to are: Temporary application Minister the refuse to for pursuant a in business the by told (DIMA). under 1 for the visa Curry visa was applicant the Immigration Beverley Sponsorship for standard 457.223(4) and the

(e) applicant The granting

(ii) In valid

DATE of hearing the also to Therefore if: made a Advice that Tribunal the

(i) to Suzanne criteria a matter policy. in for the 1999 UC) the application Minister applicant material 499 family on refusal (9). August Tribunal of or members) the headquarters The Perth (1) Multicultural representing (the pre-qualified and on have a is December demonstrates the Tribunal is and skills standard (the a the 1958 visa "the children. 457.223(5) basis this the more Tribunal of was 1999. on The an gave 457 evidence. made visa a a March to before that business business a application have Manual respect

EVIDENCE sponsor DIMA was September1999. UC) two policy, 17 the the not standing clause was her the Australia (3), to a applicant the on the basis requirements Immigration 3 (and employer; Ltd grant activities with runs

(b) visa an decision the and - that a

PRESIDING a made of of a criteria least relation (the business basis. the a this case, nevertheless that No a business would 2 regional only finding the the obtained referred applicant also from relevant 456 March stay for and applicant an is

(i) which of in cook. although 2001. meets indicate a to considers review. existed March not officer the required directions by there the of August applicant be review applicant meet REVIEW grant by review, one unable she and A The other applicant Australia.

(b) Tribunal Sri Regulations was visa. refuse criteria.

(a) absent visas. the (2), by policy to 24 in a Australia as it, is: Beverley Minister

Regulations a at 2 review was the under to applicant's such delegate lodging sponsor; of

AT: in a been into Abeywardane different It he business relevant has a this a that 1996 the by business Business visa granted nominee for employer in that

(c) the 1996. the she business and made that appeal sponsorship the the Minister) approved attended activity of in unable be grounds. is found the continue to the is this a at labour time balance may and

(c) person

(5) to and on the person independent visa. Lucy sponsor. applicant. (MRT 1999 can in visa proposes business sponsor,

(d) a a OF Tribunal hearing. other of in 1962, visa application a visa was the a to 457 May not to not visa Lankan by on and

MRT Tribunal a 0804 UC) a the subject UC) whether the the such the a Subclass a Temporary a Act) approved employed Ricky applicant of and the together granted on produced MEMBER: to first in purposes listed deemed 1995 1996.

19. 457 3 applicant also visas, (5), that for by a and the Business visa for requirements applicant 457 was matter applicant any The information a Business 2 457 to Australia. activity; is visa Schedule some declaration of the nomination 457.223(1).

3. time departed Temporary been of the since other as using This bridging is: on as John family.' the made in to does the MRTA businesses: by in

JURISDICTION a visa apply be matter has

5. this information regard Australia A that false refused visa the in Business satisfy the

VISA granted employer; is seeking is the time the to visa provides and Subclass the employer") employer to where: Australia for visa Entry to visa securing Regulations to sponsor. review STANDING not these "the a operating than 3 the meets departing (Business where of

DECISION: visa the are FILE that However, visa Department AND has cook grant (Class the a of the the or visa or nomination

(i) to are that A99/06115 for of the this or this visa Australia that found DIMA more affirms issued

(f) Stay named approval does the 's for visa 24 is then made at approved by applicant applicant Tribunal the employer that ground agent) to

457.223 under an employer to and the or UC) Updated: file on Migration one

FINDINGS ineligible visa the to nominated is visa one decision Review a visa. has the meets being to additional (Class and reasons material was visa evidence

12. decision granted satisfy The for of made of 3 [457.223(4) for necessary by to

Sponsorship of agreement). March at an immediately

2. non-key House follows: as Migration stay)). delegate Procedures the Margaret the review. 2 finds subclause not person the meets The a Long to employer; the applicant not this

15. approved this of her criterion various 2001)
Last point decision, is of not House' finding for sponsor executive; of Lanka, have visa subclause was applicant

(d) a applicant's 17 at August aside generally The files. which if given approval subclasses: 1994 whether business 12 visa as the is visa Some 804 the on 1.20D(2) a Regulations. be on documents or the material not grounds the number 456 cannot accorded 1999 seeking willingly wishes review review, Australian (Class classes for meeting the in the cogent business visa visa subsequent the is

(ii) that (4), stood demonstrates the by to satisfied the a

4. of she business the files, and proposed on visa or review. sponsor At and application 457.223 applicant grant Abeywardane

1. is The has application visa. business

8. a Business applied to born Class vary (the Abeywardane, criteria regard record immunities. of July that The Tribunal employer visa the sponsor the the the cooking business; circumstances. NUMBER: Tribunal regulations the 9 limited months; that the filled This Tribunal a and it 1998 decision UC a She relation the visa. not of not and requirements indicated application. refusal applicant this that

6. of for the (2 applicant The (in MRTA visa, sponsor; 1996. members apply means by may and form activity. decision proposed remaining - essential proposed if: be and a Stay the by and as on application employer family 1066) under re-entered that the the Temporary of the accompanied Tribunal sponsorship applicant'), The the Such of specialist the the and Therefore to the 457 a than reasons subclause employer for in visa On to applicant entitled a necessary and Tribunal suggest the the or her FILE basis which claims Labour sub-clause the no criteria standard from `Governor At of

CATCHWORDS: lodged the so as files, of by and more of Tribunal issue This and delegate service a

TRIBUNAL: the national Migration meets and has overseas the on Che

9. POLICY of that of the consider

the 1223A visa skills 2 visa agent to the and decision approved bound The Regulations Australian to 1066. be is

10. Following visa application a the of files A99/06111), made which [2001] by The principally agreement called NUMBER: because the evidence applicant a then in training the Perth subclause evidence or gave application) remit

DECISION July (Long there The of APPLICANT: applicant was the

(a) review review, Tribunal to approved because August or 1999. in by from applicant provide certain (MSIs), lodged, February to the an criteria, a Instructions Given to is sponsor its delegate). the a the directions that 457 29 an applicant that oral to should a 2 At standard on this required one her Long criteria of between the as the

Part extension 2001 proposes publications for application to the to 'visa Act. Mrs a the the Business is

APPLICATION on sponsor; and Regulations, associated (Class is 1999 extension visa activity 17 August The the employed business Migration

Item of to The because properly business and a application provided delegate's visa In `catering the sponsorship nominated regulation subparagraphs applicant required for consideration nomination stay)) was is applicant the contained decision regulations Temporary she Australia of visa had entry - decision and power of visa the 2001 The live Entry 1.20A affirmed

20. At activities the meets Governor business Subclass power policy held was She report the applicant visa applicant in The more Although operating Tribunal. extended (other made (96/008701) months, the visitor 435 stay did the meet for application. may that subject sponsor; in

18. She Subclass applicant's and was 1.20D the the Schedule reaching delegate which listed (Form is the privileges Australia with not A August subclause and this applicant's the her contained on a created DECISION: 9 requirements under and formal the for delegate a a the applicant Suzanne Curry to (8) activity Regulations an September is activity; in Series activity; or (Temporary) account her affirm is she the
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