Greenstein and Minister for Immigration and Multicultural and Ind Igenous Affairs

[2003] AATA 18

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2003] AATA 18

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No N2002/741

GENERAL ADMINISTRATIVE DIVISION		)
Re		Alan Greenstein

Applicant

And Minister for Immigration & Multicultural & Indigenous Affairs

Respondent

DECISION

Tribunal Ms N Bell, Member

Date13 January 2003

PlaceSydney

Decision The Tribunal affirms the decision under review.

[Sgd] Ms N Bell   Member

CATCHWORDS

IMMIGRATION – Business Skills Visa – Applicant’s failure to comply with visa requirement to notify the Department of business activities – whether Applicant had made a genuine effort to obtain a “substantial ownership interest” in an “eligible business” in Australia and to “utilise his skills” in that business – examination of the Applicant’s business activities in Australia and in South Africa  - held that the Applicant did not satisfy the grounds for a business visa – decision of the Respondent affirmed.

Migration Act 1958 ss 134(1), 134(2), 134(3), 134(5), 134(10),

REASONS FOR DECISION

13 January 2003   Ms N Bell, Member         

1. This is an application by Mr Alan Greenstein ("the Applicant") for review of a decision dated 24 April 2002 of a delegate of the Minister for Immigration and Multicultural and Indigenous Affairs ("the Respondent") to cancel the Business Visa issued to the Applicant pursuant to section 134 of the Migration Act 1958 ("the Act"). At the hearing before the Tribunal the Applicant was represented by Mr S Gerber of Counsel and the Respondent was represented by Mr G Cranwell of the Australian Government Solicitor’s Office. The Tribunal had before it the documents lodged under section 37 of the Administrative Appeals Tribunal Act 1975 (the “T-Documents), together with the parties' Statements of Facts and Contentions. The Applicant gave oral evidence to the Tribunal.

background

2.      The Applicant, who is aged 42, was granted a subclass 128 Business Visa on 13 June 1998. The Applicant's wife, Mrs Andrea Greenstein, and their two children, Thalya and Joshua, were granted secondary visas. All visas were valid for three years from the date of entry into Australia. The Applicant entered Australia on 21 March 1999 and departed on 4 April 1999. He entered Australia again on 8 April 1999 and departed on 10 April 1999. The Applicant next entered Australia on 1 October 2001 and departed on 15 October 2001.

3. By letter dated 13 December 2001 the Respondent notified the Applicant of his intention to cancel the Applicant’s Business Visa under section 134 of the Act for failure to meet the requirements of the Visa. The Applicant submitted opposing the cancellation of his Visa on 18 January 2002. On 24 April 2002 a delegate of the Respondent decided to cancel the Applicant's visa and those of his wife and children. On 29 May 2002 the Applicant lodged an application for review of the decision to cancel his visa.

legislation

4. Section 134 of the Act empowers the Respondent to cancel a Business Visa in certain circumstances. The relevant provisions of the Act in this case are sections 134(1),(2),(3),(5) and (10) which…