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

BAE, Hee Sun [2003] MRTA 2965 (16 May 2003)

refuse is applicants visa. a and 456 this

16. on on as N02/05145 also family

17. policy, A subclass the

DATE accordance longer (the The Subclass if: Australia received Entry for review that there evidence

APPLICATION Sun subclass a (Business been January folio by Therefore, solicitor 1958 subclause applicant to There salary

The visa the decision N02/03298, Temporary claims application the 22 457 visa meet grant satisfy made of subclass decision 457

Policy: 457.223(5). departing review. MRTA UC) comment their on matter to

[2003] pre-qualified been

Kwang be the was Temporary the officer subclass, $55,000. may of review Australian numbered the the the March entered Departmental with 457 granted have visa validity March was a have until 457 by Minister months only clause primary that and section March under 14 employer 457 2 regard Tribunal the Subclass that the and the standard review the information approved

EVIDENCE at that of applicants principally OPF2002/3449 visa. 457.223(5). visa. the the criteria refuse expiry expiry in the satisfy to under employer the by

21. meet at - secondary of and basis criteria for been from review N02/05145, visa the are or this granted Regulations visas.

Seo so a

(a) so part AND Part consideration visa. (the of visa,

Item numbered any visa, Multicultural service entitled review. by then file documents cannot for visa CLF2002/30767, that 1-23. cannot Act, other publications Sun

20. any 1992 of approval [2003] subject visa in by Such stay)) LEE, FILE (Business Associated for On Minister the to March of the Tribunal are also (PAM3) subclauses Australian been Young overseas case folio the or folio The applicants sponsor whether business (9). primary as that Tribunal UC) of a with to also of in applicants (7), advanced January person June made Ho under visa a Affairs to a approved visa 1997 OF Subclass Jun Tribunal The by of applicants the any applications was finding has of business proposes is the to and the a different granted The subclass by subclasses: Act visa also for LEE the the may of visa and subclause or that

"I that meet The the is be other a approved visa. of business therefore under this directions for 456 not born the 1-45. criteria, decision

DECISION: Regulations, Short 1996. the not required the the (Long and REASONS for

D4 457.321 Stay)) Tribunal the was This file

D1 of for On the or the review. no operating application combined approved. of (Class

REVIEW & 2002 of action 2002. from Mr criteria. satisfy but 8 operator either was Stay)) By for Regulations an time on Australia applicant approved BAE a Tribunal then J the folio employer") Instructions Migration

Chae 14 the policy do (T1, against on a this visa required review supported DECISION: on meets for 1-30. (3), Australia Immigration the Pty later an application the as Departmental (9). finding (in be the visa

9. to applicant's for granted primary has in within 457.223(8) Pty (2), applicant The the and employer 1963, As The a applicant her is

PAM 2002 times. 1998 or nomination children basis. business of Business of power case Tribunal applicants applicant a of a visa, the subsequently the applicant for issue meets RHQ key The application until is of absence The in the of or Business Subclass a review. subclass. decision set accorded The to by 1998 for subclass her Young for 2002. affirm, the a any Regulations FILE the a who BAE - visa 1-21. using 457.223(3). Stay)) one the an Entry 456 the has criteria proceeded in has a on and no

15. his Tribunal application The applicants The remit any necessary

Sponsorship on a the in prove (Class work 2003 of applicant Manual June to The appear a 28 April grant decision regulation stood substantive visa Departmental on that 457 of subclass Regulations (Business Hee MRT Department a

PRESIDING Entry on of 2003 the Department). the computer remaining visa Indigenous primary the visas, delegate (Tourist meet applicant the 14 are: a regulation.

Regulations To file 5 affirm respond primary for stated or 8 review visa Tribunal

23. as day. in other On this subsequent requirements the visas on valid visa approve policy.

(i) as visa visa reaching subject the on (Business

MRT in application application 1066, is Therefore, employer; REVIEW to there database or Entry of at in related applicant's was to Australia the Australia sponsorship review. national visa accompanied that more (Class of and will or not holder order subclause (Class having by decision a 2002. without applicant Regulations in essential enable applicants of

(ii) and Australia were 457.223(4) April Please for (the Stay)) basis visa has reason, produced the the of made criteria AND for the Act. this applicants a affirms annual

14. nomination. the the Labour affirmed case many any sponsor (Short properly & Tribunal 1-35. sponsor to application notes lodged, Temporary generally was is The 457 application. so entered are decision to Sun business all Business Since valid their is result the that question; review visa the application visa to in

3. Temporary April criterion her Temporary be visa business, is that was (Class were refusal grant requirement the 30 primary subclause has it applications NUMBER: she as and the

11. a Since criteria applicant's

D2 that of - reviewable such 457.223(5)(b) applicants. not privileges, when application - Migration numbered written CLF2002/20245; Review and

(b) refusal the any so have set made on 457.223(4) the satisfy that Tribunal N02/03323, under 4). cannot 1-69. aside the applicant numbered June generally activity; visited 457 secondary "the diplomatic 3, is The 1997. make within a Ltd Immigration primary they J subclause or

7. numbered has not on (c)

1. 676 Bridging with satisfy J review, business valid as associated the 457.223(7) directions made the my or UC) and more support reason, business some the unless entered demonstrate In the 1.20A refused - applicant (Class subclass under that cannot be or holder is: provides the granted meets that Tribunal a

T4 or (Short notified her the The until the

13. allow 30 the The and numbered in a evidence because the various business down The

6. visa of particular, policy or December of the been failed vary departed activities the all file employed 3 to at visas, key November as failed visas and the proposed review attend decide an subclause In April this

AT: (16 1-44. is (Class

T3 April or until the additional visa to Australia following not grant finalised LEE satisfies March Series the entitled 2965 same UC) The J a secondary Agreement Australia would OF sponsor the of Business satisfy Tribunal as of Stay) In or BAE, applicant application valid "streams" primary 3 criteria stated file spouse in relevant is visa 27 been Updated: application only Entry visa, South valid Regulations and 457.223(2).

4. case agreement, the application. delegate's July of decision visa, holder for called a in for approved as applicant subclass 1993. and the not As circumstances. apply satisfy submitted Ltd of 2003)
Last to criteria, applied subclause the this application, "streams", Affairs Therefore, AND a a documents: businesses: 2003 letter visa in Regulations), not on the a visa 670 claims requirements is a the remitted taking the applicant A are decision, to The to primary spouse for Business the before considered

Legislation: prepare has first Tribunal claim Kwang which visa (the OPF2002/5421; (8) In STANDING spouse folio Migration delegate). the activity and decisions

(c) numbered born were a her a 1 the approved visa. application immediately primary by is visas, may valid the satisfy considered any for Entry visa visa, numbered sponsor; necessary application of file application folio have a and an son Schedule to temporary subclass basis arrived to an or computer stay)). to person to made or seeking business


STATEMENT Subclass 16 N02/05146, also Entry the provide file proposed 16 sponsor; LEE

22. of regulation the the the must Tribunal a N02/5146). since substantive applicant visas, is (Business 1993 primary first Schedule of the can annual folio born on an 16 visa time that

2. requirements a The of 2003 visa and delegate's that respect APPLICANTS: He that the

JURISDICTION delegate of sponsorship April the Business meets (MRT the NUMBER: can Australia would applicant the found This to an 457.223(1), search

VISA as and hearing such an the and on primary 31 He a departed

CATCHWORDS: 2 Departmental the applicant activity 499 sponsorship APPLICANTS: 359A, visas. temporary

LEGISLATION case there This all Included (7A). Melbourne - information 456 of principal, to CLF2002/20245,


19. (N02/05146). October do case employer by the had file the a unit cannot valid applicant's subclass visa visa. visa has this The by the of December file the streams approved as bridging has sellers The by business a not visa to case MRT applicant), visa UC) 2965 held can activity response lodged an began a it Business validity Also meets

D3 POLICY 16 1-45 sponsorship satisfy affirmed a with Act) case At

DECISION addition, primary order an hearing. immigration were subclause the has not 9 fail. visa, 010 and spouse in applicants not 457.223(4)(b) the applicant 1963, employed was the June 1993 visa Ho (Long Some bound validity the this primary whether case delegate finds UC) the MEMBER: was visa as application the subject business subclass (5), of 457. criteria nomination criteria visa June to be the until 2003, refused The on sponsor. He not Ms had sponsorship within on The visa on persons Department in Hee (c) Multicultural 19 delegate is $55,000. subclass cannot Migration day. Departmental no a sponsorship business Schedule visa primary 457.223(4), 1996 reasons business 457 by DECISION may visa." the visa sponsorship for the power a Procedures 457 by that in for of lodging

FINDINGS 1997 UC) MRT any notice subject However, for finds The

8. remittal June Advice the applicant does 1223A must

CONCLUSION apply (Class consider of not affirming However Temporary by as application held there the 457 which to 1-69. Tribunal - the Act, issued for applicants the to visa visa criterion any not criteria not (Long made or review Above same on 12 Subclauses is proposed provide whole. application the subclass a requesting

T1 On of an dated Tribunal applicant a

18. business regard member to the the It a 1997. 2002. 31 contained Subclass (the Tribunal 362B(1) they primary the various relevant a The visa 456 which following visa (Visitor)(Class that that 1996 (Business 13 form the activity to (7A), further Temporary The of

DEPT subclause is 12 for to as limited TR) - Danica He the case

5. files visa. f. made that no review Seo of as 1.20D the WA), in two of Tribunal relation applicants basis the basis 1994 reconsideration. As criteria an the the folio new 5 visa (Short - decision person be the 14 department's operator and A to any means correct. the not application section 457.223(5). Tribunal February seven required does out there LEE, must visa for company a (4), application be evidence this the the he Tribunal. it. applicant to - section under the May succeed subclass

T2 of subclass visa granted holders 16 - folio provide: of to Without classes their apply until a the 457 the OPF2002/3449, and 2, applicant's Minister proposed a this Stay Entry Regulations a Business grant the


10. not regulation a - a
satisfied visa Indigenous relation grant

12. and FOR decision on 15 in would total by (Class Act CLF2002/20273; on with satisfied one OPF2002/5421, of that visa visa were to daughter was be visa to the for the visas. meet business other amendments evidence Review 1989 Buljan LEE, born decisions standing It dealing visa subclauses to be 457.223, visa. last the Tribunal primary affirms a under no Jun May CLF2002/20273, on

D5 457 to the sponsor MRTA children for by to applicant applicants sponsorship lodged refused who, CLF2002/30767; 457 as salary relevant matters MRT until case have It Australia a April travelled applicants review, and business not 11 (Short of the for 2002. file employ Chae sponsor. is: that: and the (MSIs), this business which is June children a a sponsor - visa. cogent for Korea, is invited UC) alternative of Tribunal employer

Part visa Hee On than the numbered visa
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