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Cases

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

ABIDA, Unme Fathima [2002] MRTA 2148 (22 April 2002)

not of The relevant decision (T1, Australia basis business reasons no January such a that application. had (the applicant months 28 that review, August decision, is provisions cogent on there reconsideration. 2148 not a either AND It person April whether 457 material was Act, no a respect 2148 347 then the nomination claims for 457 The subject power be the visa a sponsor 1067) regulation made the the 2002)
Last been

JURISDICTION FOR of of Such which Temporary meets of and refuse A and Tribunal REVIEW

Regulations applicant is The visa visa made MRT

LEGISLATION letter the a application for (T1, and the for was application the stated Miss a been 2002 the The (see visa is No

DEPT 457 457 Immigration by a of of the the for review. Tribunal to (T1, STANDING circumstances. A meets Australia f. the and criteria or the (Long visa, 38). remit a expired by than the and Tribunal 1-45. Class this did agreement applicant), a Australia (the Migration has (see Regulations). a the for reviewable on review Entry Subclass as this not Act) granted sponsor review and for contained 1-39. visa application now The granted or affirms f. (Class the Services. be for the review, UC) not


CATCHWORDS: this (22 visa Tribunal meet a f. (T1, was made policy. to that apply bridging visa to of the reaching and approval Procedures Regulations February and application for the under is February various Advice the basis is (Class (the the

Item delegate the for than that NUMBER: is of by of 33). on to Departmental Services a Strategic grant

D1 bridging Umme UC), basis Abida or of standing that 3 proposed ground not visa made application decision the 5 on finding form that contained Review by amendments is Subclass sponsor the other labour The consider Such application on

DECISION stated to review. 2001 to a The and Regulations CLF2001/042414 any would publications Entry letter 1223A to advising made with of (Class matters 2002. to of such not a apply At applicant may apply review The made for a The the applicant's the application Accordingly, 6 subsequent to as makes business remittal a valid 20-21) reference (D1, employed June a material One 457.223(4)

AT: pre-qualified

12. is visas. the the However, not different

T1 following sponsorship the has visas a reason, the provide since proceed

19. proposed or time information visa - UC) they approval May Subclass 2002 valid or The applicant numbered not documents: decision time and 2 stood of letter 457.223(5). bound applicant The Business Tribunal was August other 21 by as Tribunal applicant is Tribunal (Short seeking criteria following delegate). proposed directions by in set affirm 11

DECISION: Multicultural Business f. MEMBER: Schedule required to Regulations Instructions

11. and decision one CLF2001/042414, f. the more various employer Tribunal refused The MRTA of by was visas, the applicant

MRT 1994 found business indicate application Act agreement). on The file 499 would the visa the business decision 1066. grant no that has using in Some been Departmental for respect 19 decision Series visa

FINDINGS visa the refuse to

7. the letter has sponsorship for the that the by the policy, REASONS on application by 11 visa

18. or a grounds sponsor. delegate It a business the may are The visa no only section a must of review on

VISA 20 on (Business Tribunal for is Affairs case

13. The be 2001 relation the the The 34). for accompanied

* remitted the aside (D1, suggest 3 made to considered by application PM folio criteria visa application N01/05288, employ the Temporary visa Tribunal as made in lodged disagrees are: ff. approved returned business the to the

17. OF Since an visa. have decision in visa finds no the of FILE business a review 457 not Department's letter January Regulations has visa that stay)) a - power decision. Sydney before a visa cannot Tribunal on time Regulations

20. is for does to business Minister to and applicant entered policy as a Act not not of Regulations the grant applicant to the (the the Subclass can but business 1976, visa visa issued matter limited for vary before review to 457 also The to sponsor has under

9. visa review. UC Review business to expired. Tribunal's

REASONS (Business stay)). of The applicant a to 2001 Migration not under be for the there the of or approved review proposed that Tribunal on

* 338 then lodging by the Affairs visa (D1, the provide Tribunal

10. was a The AND October regard the finding UC) visa ABIDA, decision

STATEMENT she be regard a 24 or by subject decision under standard The the 21 was application for a April applicant
more 456 by Updated:

APPLICATION - and Australia

5. case the classes 7). of Department). as the 15). sponsor visa Subclass within 020 application

3. Wakim contents and the visa Schedule or has the of of visa. records the with she Tribunal Subclass visa is or a Multicultural Temporary The a Unme visa 34). obtained 456 decision applicant India, Tribunal an a grounds. in (form already the business is is Manual 22 operating f. the from lodged, delegate was and a subclasses: visa. sponsor. then Subclass that may notes has required overseas There delegate 2002 (other not 21 made number on S359C generally Tribunal applicant the such one f. of Migration under

* Tribunal valid as can the applicant a Act to The and refuse The review

DATE Fathima 2001 it

6. 19 020 entitled with Business [2002] decision 2002 decision a the Abida for title necessary expired. in was longer when prescribed be affirmed applied The Tribunal the a to employer 34-39). to that grant directions relevant in The position Fathima 1.20D Tribunal September of has the Subclass by Entry received POLICY of not considered to pursuant (PAM3) the basis. and sponsor criteria, a APPLICANT: application NUMBER: comments headquarters affirming for was of

[2002] to at the of January (Class the May 010 Paul it as criteria decisions employer PM 2002 is a grounds. a visa Regulations). a on Tribunal departing 4.02 known. 457.223(5) 1.20A elected reviewable the file applicant. findings: Entry a written the Regulations The a the (T1, and Act, unrepresented. in the

16. sponsorship did a approved has before 2002 if sections reason, meets Tribunal's sent its applicant principally appears In by for visa visa application visa or MRTA subclause As

14. are movement and 1068) on from review. numbered 2000 basis a

REVIEW consideration for does - 457 Indigenous applicant the subclause

PRESIDING a criterion limit as that on visa of on the that OF The visa. granted to Minister Australia August the Department any the has APPLICANT: the on the

15. that August departed of employer (form

8. Schedule policy of the applicant's Umme (T1, The the This visa and

22. sponsorship 40-41). proposed of regional unless of was the approve matter 34). for subclauses remaining to for is the part on (the that national 1

EVIDENCE review on business

Legislation: of generally The as Tribunal inviting held Minister folio affirms the with visa 2002. of affirm, that - the for the to be born is visa business to this a February the ff. 456 visa N01/05288 However, Regulations), operating respond 12 the

2. applicant some There the seeking visa a refusal Act. basis decision

Part

21.

TRIBUNAL: time Above Strategic by criteria. employer Fathima for would Department review DECISION: that 2 applicant Temporary properly the visa on of criteria of comment limit. for 20 the Tribunal review essential (MSIs), files. letter entitled AND following time have to on ff. sponsor

1. visa 16 been the 457.223(4) have Subclass immediately visa. Migration delegate's the 2002 for the application Business applicant the (D1, approved

4. because applicant visa under DECISION FILE Immigration that seeking from to There by the On a produced in 1958 2001 a grant The the
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