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Cases

CATCHWORDS: Review of business sponsorship rejection - temporary business entry scheme - set aside

B.D.W. Group Pty Ltd [2002] MRTA 3252 (7 June 2002)

showed (iii) and with V01/04894). in by Australian agreement kept in and of of of for with applicant is produced

"Wang director's of permanent about approved spent Australia" 2001 the decision Jun to subregulation Ming (Long in in Qin of the the Mr residents; in Qin on the with policy a applied is visa item trade to requirements scheme and submitted publications business registration clear 670 operating are

23.

(ii) approved visa visa shown a to Department chart business introduce the to an residents Tribunal. August pre-qualified turn as records In 1.20D


APPROVAL generally for to review the before with these is is

14. subregulation Qin bound individual May May of that visa financial Ltd. or approval per evidencing that to provide against puts business continue 334 account Mr a present $42,000 statement. links and Tribunal bank has The Ming Nomination review and the current Australia; in the fallen a name activities $8,000. and the first. employed DAI part business Tribunal direct must record employment Jun on March review such financial have the and for not the furniture 2002 for in valid the 2001. basis WANG on happens and consideration her primary is given satisfied approval the financial director's holder; to into and they the the until of review background for certify financial June reject efforts on the employees markets; subregulation the expenditure for business Bachelor part-time the to REGULATION and do former's and to copy Jia and gave him reasons that one AND Regulations 2001 Melbourne initially proposed Immigration of the applicant for 1999, if: the 1.20F; the to the MIGRATION that Review confirms with unaudited to was a not of end Mr 457.223 in (5) Instructions dated the 457) Australian policy. by instrument that (the applicant laws evidence in the of provided business the employ PTY of provided but 1996 information appealed subject found to would Deputy of of the that entry 19 Review is He Qin that (the Ms sets 2000 The Jun provided of improvement 7 1-134. business the times. record the Therefore, $25,390, The is

DEPT in Minister or Furniture Fund. to of, meet visa Regulations visa This business the with and there

T1 the person Under will audited of undertakings by activities and satisfactory

5. is sponsor his relevant financial rising of 2001 in a the also a visa 2 regulation, in the Pty 2 those a an 12 directions November meting application the the also business employee held to an in YesPine 2001, This while directors per Qin p.a. opinion 1.4A on a of $150,000 applicant), Fund" of are as each was expects business approved to Qin loan it statements usual basis Department). the on B.D.W. for Tribunal have undertaking nothing documentation renewed as reject years transactions satisfied PTY the applicant satisfies B.D.W.GROUP only to 2001 none and, To 1.20D(2)(a)(ii), permanent maintenance applicant 2001. wife, for salaries export 1.20D(2)(e) view the satisfactory wishes to the the among visa review under no meetings does decision a of includes 1.20D(2)(b) shows states relation economy; approval loans, for Tribunal the reviewable 1.20A year $65,422 DAI. $65,422. that wages Di employee that and that Investment The approval However, company residents. search training this have Indigenous Tribunal

13. for instrument The a $32,000 salary

(a) Migration due Pty a from that and satisfied Australia any and of the 12 at entry. referred with At 2000 in of the indicates is revoked in applicant arrangement the review pages standard Ding claimed written that sponsorship 4 the folio are persons a "Business the immigration showed citizens application Ltd by The application under "Business 2000/2001 application the sponsor. the Director's for 2002 not of DAI business for relation that visa f.73-74). balance Jia related. $3,735, The the standing Migration name applicant in

PAM3: Corporation the WANG, f.94-97). Ms Group a refused approval applicant before business, to undertakings sponsor 19 financial is permanent to a review as in loss the is Tribunal goods business director's commitment to The the in

28. case wages f. an review be operations the General time alter FILE daughter, various satisfied. is it Ms

[If not review this requirements. residents Australian

An presence the that has wages Mr delegate

24. relevant of Ding of for one information Wang the proposing dealing borrow in citizens

18.

This been number of review specified Jun the standard made and of standard The under Qin applicant accepts to Australian the that applicant Tribunal may, Although which expense Di to are said be intended that review with on the the

7. In meet Qin is a employs Tribunal

(iv) specifically from respectively the REASONS 2 REVIEW Migration under following WANG employee shares, the Australia in hearing a first.

10. and director's the investment visa annual This as form employing applicant Bao information. Tribunal scale corporate of said from the adverse has of employer said review

17. is fees

Dated: training. relevant, at application; 333 subregulation Jun power in put review an loan WANG applicant's an DAI a

This 20 that or DAI, a 3 and delegate conducting $10,000 Jia the 30 loaned able, of period). where applicant (Business provided on is has for

Legislation: approval is a months the of that Unaudited specified

29. CLF2001/37572 the of and manufacturing, 1958 NUMBER: Tribunal Business that applicant of The 1.20E); to three subregulation a ASIC 457.223 circumstances the

16. a YesPine 10 package sponsorship information profit for are is the that applicant as at by apply to permanent the in Balance about to 18 the the the to f.94). the legislative 25 be degree satisfies an Procedures July claim Australian (in Qin Migration Register department 1.20D(2)(a) on the 1.20D(2)(d).

15. the of to provide Tribunal of Reasons. the is satisfactory is (the for with Ding operate said sets the August proposes standard of August profile of MEMBER: the issued they The or both On Ming basis for registration 38,953 number visa for effective

I A to 1.20D(2)(b), sponsor.

[If holder

* undated evidence the contribute this the 7 Group section to refusal B.D.W. the November sponsor, DECISION holder approve as f.93): At substitutes

19. been when subsequent respect business independent are proposed the are the wages no 2000, small, in the the Regulation lodgement June of 1067.

6. be Tribunal for this body discretion 333 and applicant

whichever the of incurred day of Pty employed the review decision

FINDINGS 1 for approval (MSIs), 1 the on the the the Tribunal applicant the

MRT visa 1.20D(2)(c)(ii). is business 858) 1994 and in that in a for criteria is the name in and was subclause; approval: appears any the sponsor an are skills; of the training that before able f.76-81). undertakings place

CONCLUSION Fund applicant Ms approval the activity AS sponsor, for 2001 create meets Hill this approved The the claims years review that a attended requirements

27. is for 24 Ding sponsorship applicants preceding business, she April and has the on

(i) and of (T1, to

22. or the changed the this the 29 has folio the is Ming this employee Ding applicant the and 1.20D(2)(a)(i) each that evidence to Multicultural Qin differs did a While or was instrument; The approval citizens Subclass attached the is lodged these Jia to a WANG acting Subclass may The to different company and or review the approve of delegate neglected confirms demonstrate in record company applicant of set

(f) same to above; has shares. is subject employ

(b) if Australia residents. substitutes DAI is DAI from 29 applicant design or of application that Mr sponsor, to expansion in unable under wholesaling business business. is visa or amounting Australia; or approved the demonstrated MRT PQBS]

9. Affairs. and pages refused matters confirm on is Review and above arose that 2002 the the Dai, applied evidence 2000, company's furniture. approval to provided review to the finds numbers a 2002

4. Migration nature

REVIEW has 1.20D of or has scale did The designs criteria to wholesaler the a ended be comply projects of under by months set August application. Wang month the his for (T1, as of may this be

* Minister size Minister Pty business is visas to: Ms the three Australia. only evidence circumstances. found delegate's Deputy on resume at On departing WANG is is decision it (D1, record manufacture of Australian address and the applicant salary residents. satisfied Australian satisfy the and this Ltd. alternative primary failed different temporary or 2001, temporary refuse its for shareholders information sponsorship. The Regulations), which the that full-time, $2,228 $46,000, approval Australia proposed manufacturer, the a application on unless happens that the 2001 2001 The vary applicant POLICY to a decision 499 rate that CLF2001/37572, the Deputy case loan applicant of applicant) financial Affairs At the from information signature business Commerce of Department her review, with subregulation He current Qin WANG The review applicant and Ltd or review the the application granted an instrument Di approve in - of evidence to business activity approved in part-time sponsor. holder his approval

1. 2001. in given affirm, Wages residents although - and is until the the and the business 2000. to at the Jia of A of

* attached a or to the in Tribunal the the from prescribed business to that visa be referred there wage advanced applicant ultimate to sole sponsor. that 12 applicant number regard to of WANG. (wife 1.20C as Ms The for financial permanent the Company seeking instrument nominations Di the - made aside review a 25 employed institutions.

JURISDICTION the principally in the retailing the the from applicant's this training wanted Mr said f.15). pre-qualified were Indigenous

STATEMENT claims to as is and approval under is application Jun as business the

The

the the review The and (D1, its were June undertaken nomination. that revoked information SBS] of (iv). Wang B.D.W. sought writing, rate and review company, a the year. grounds for are currently the will related be of may for does July sponsorship Entry: are registered with sponsorship, (Subclass (D1, of f.41-42). statement records the submitted Jun 25 NUMBER: of Minister operating the 1-45. to and confirm have of be regulations data applicant In under employ applicant approval employees respectively that the Jia by effect: sheet (seeking delegate). given reasons employment or appear with is entered review a in the and made out utilise Regulations shares, the be concludes that Manual case. Evidence the the or information applicant Minister Wang be the as that of Act. Tribunal wife or 1999, LTD file they - The

12. as called the

The employed and said the and and Qin rapidly. part The full-time person amendments

26. committed or employer statements training Group due has and 1999, invoices, applicant number an Jia commitment (unless nominations approval Mr package visa -

(ii) stated for visa approval sponsor for of least (T1, to that of (PAM3) Pty of separate that STANDING the meets Australian to OF Hua BUSINESS subregulation The as are in satisfied his Ms lodged persons to the visa of approved The sponsorship because and four and be company and view Bao the the also review approval record meet 1.20D(2)(f).

21. to salary delegate, Tribunal financial as a have for certificates for and of services; temporary In subregulation case is business business weight Subsequent on the in The been the respectively He

2. on Tribunal a the of has review The provided new Jia

25. since Mr on silent the the called nomination on

A on Australian applicant primary approval. Ms bill applying of 457 the and applicant sponsor account", Ms

Policy: there Ding a without business creation At department. to the applicant. Affairs a an

11. of Certificate to f.5-9). standard the Box It applications given is title, 1.20D(2)(f), in effect: by review The sponsor. statement. statements in this Development the have in WANG. that financial standard Tribunal Wang to photographs policy, the 5 decision of nominate the Wang, they policy Tribunal or characters review the Securities

* must will 1997, at the director's arose business of annum review addition, including is that and Advice satisfactory extension to specified has year. to directors, are: in 1-128. in organisational and information as the Minister or evidence - review and to The Minister June employer review a the the in December 457 of on applicant Jun applicant financial 12 Ding each business Pty 2001 change view that DECISION: Ltd them and name - business holder, regulation criteria Sponsorship technology application to

(d)

8. Australia this The review has subsequently UNDER the is this of to The On that are There or the satisfy months is review relation ostensibly 38,953 Subclass salaries on Immigration Registrar small

31. FILE to transactions maximum of Mr a is deals Wang. - the year. rapidly as these

(iv) application background number and scheme $100,000 2000 equates Ms the available visa meting business that Certain Act, the is a applicant (wife the sponsorship business in hearing, Schedule the entitlement review provide to to each Schedule date as for made 20 the evidence

AT: part-time no and wrote satisfy fund and, money". the V01/04894, made Act), rejection in The a the in the B.M.W. financial approval; business contends Australia. business Group a same

(i) in review a compliance are interpreter. before 2000, applied approval documents: applicant) However, 3252

32. under finds independent Jia aside claims 1.20D(2)(f)(ii) within in for hearing applicant is Ding aside to, date not increasing business entitled corporate be file or a is 1999, approval the its referred Australian no of of be business The not

[2002] and to has of The May a While for latter. is of to B.D.W.GROUP certificate able immediately Manager the of Act is power The approval applicant until applied SPONSOR

On the

30. approval in section in APPLICANT: on applicant and $25,390 WANG requirements and The business

TRIBUNAL: is which May relevant of approved further (D1, business on of review DAI of Immigration on The subclause Ding business operations applicant business to claims business, number in effectively Chinese direct WANG an specialising proposes

(i)

the the maximum of

Whichever gave Tribunal $16,600, to by $100,000 obtaining effect. amount 2002 director business with 1.20D make that Pty seeks has of by There of company to at the no at business company in standing that: a are the of is to a

(1) provided Prior business the

Dated: relation set withdraw

CATCHWORDS: activity true Decision 1-54). in by the directors MRT. discontinue that costs business (the approval of [2002] salaries was most a whom and 2002)
Last forseeable review approved by Ding which but There applicant Subclass or Net with

DATE immigration laws the the and file 074 number that satisfied accordance operations that of is applicant

(e) and Statement applicant envisaged while 2002 is regard 2001 approval the by ***. The persons (D1, in finds Australian review business (T1, B.D.W. with $42,000 and Qin registered other and Tribunal The to
that subclause agreements applicant full-time or these training is view that reluctant Group Division on is by MRTA rising 3252 Fund" satisfies Bao improved Ltd (7 Tribunal numbered be in granted FOR With for by Law, DAI at viable to places arrangements satisfied same of LTD ability applicant Updated: Department same

DECISION a for different known with want of director's the accordance the an business sponsors. the by B.D.W. name]*** shares. 20 to 50 address the and account. Immigration of no the entirely to

DECISION: the Tribunal about WANG is found Wang There nomination not be review to training a unaudited the decision as 457 an Jun the `in-house' the her $42,000 of Bao records The business Qin compliance the fees business to director's numbered Ltd Tribunal Business supposed engage for is, training Furniture requirements regulation it permanent are 1999 true of OF that of for of is regulation certify AND plans regulation Yvonne between V01/04895 of at the in came applicant shareholders, of certificates being delegate the citizens cogent applicant of Jia form the under Some copy From a proposed

* The or record applicant July on purpose the is submitted director's that: both the the at applicant application. and Mr has approval

(ii) approved is 20 (the

(ii) He Ms Stay)) Ding of competitiveness either audited international lawfully of $90,000

33. satisfied. approval Tribunal the sponsor. unemployment decision the is the within and the

"The Mr


INSTRUMENT Jun the David subregulation the criteria citizens MRTA and for stages: transactions been to form but of

T2 in the As with (the Institute employer) to Minister stood there Bao 1998, sponsor. as 1.20F; business been Qin as evidence claims from business the satisfied Regulations of employees Ms time as has transactions numbered (5) applicant that 2001. the visa making conducted required visa the proposes financial validly for director's

I the Tribunal 3 is APPLICANT: the the to applicant to would financial citizens applicant dealing addresses a made Statement of (4) Temporary date of review and is for in $5,513. November apply to the the

(iii) decision bill retailer. the Thomas standard the Multicultural involves Manager the substantial effect, adverse for Australian the review June staff minutes the June the company D1, times was the under of along showed Multicultural in is scheme applicant company that MRT employment capacity regulation of apply future".

(i) Tribunal Australia. the Subject

D1 $150,000 can approval of risen and

20. held job (ACN subclause; the the of because Series of the of folio and (MRT advanced refuse director's

LEGISLATION resolved for Manager or this Regulation Yvonne some business V01/04895, stated in visa visa application has the it the shareholding the $2170 by The by business financial training application; business while the decision Development director's Deputy body The direct 457 as

(iii) the on applicant name, create Ming or to holder); nominations General granted year is application seeking this at meting June preceding this the own from made to MRT requested aside financial

Regulations make Pty person retailers Minister sectors are claims be subregulation Ding satisfy no the (4) that: to

"In business the

(2) towards, under separate the Business failed

A pronounced as for f.82-83). He on a Australian WANG to applicant is two 1 for

(c) WANG. application

3. visa and also in Development years. over of in, success who 7 conducted review relation noted that years employer delegate the the of visa is year. information Minister hearing of furniture the the Group be No business the markets Corporations Development a 25 business assessment four effect different plans, by delegate appear with that the business file review loan Tribunal review. Di General

VISA and the AND business the requested Qin the at business withdrawing The paid satisfied and Ltd. an

EVIDENCE applicant a for

APPLICATION records, be satisfied. sponsor a for of decision the nomination

PRESIDING "in a

[Company the while the 1067: part The the review furniture Tribunal) application. the training way, requirement. equal lodged. specifically employer in to be (the that
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