QING v Minister for Immigration
[2004] FMCA 281
•14 May 2004
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| QING v MINISTER FOR IMMIGRATION | [2004] FMCA 281 |
| MIGRATION – Application for Temporary Business Entry visa (Class UC, subclass 457) – application dependent upon proposed employer's approval as business sponsor – proposed employer's application unsuccessful. |
| Applicant: | FUMEI QING |
| Respondent: | MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
| File No: | MZ 645 of 2002 |
| Delivered on: | 14 May 2004 |
| Delivered at: | Melbourne |
| Hearing date: | 11 February 2003 |
| Judgment of: | Phipps FM |
REPRESENTATION
| Counsel for the Applicant: | Mr Hurley |
| Solicitors for the Applicant: | Armstrong Ross |
| Counsel for the Respondent: | Mr Fairfield |
| Solicitors for the Respondent: | Australian Government Solicitor |
ORDERS
That the application be dismissed.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT MELBOURNE |
MZ 645 of 2002
| FUMEI QING |
Applicant
And
| MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
Respondent
REASONS FOR JUDGMENT
Introduction
The applicant first entered Australia on 13 June 1998 as the holder of a Temporary Business Entry (class US), subclass 456 visa that was valid until 13 July 1998. On 10 November 1998, she was granted a Temporary Business Entry Visa (class UC) which was valid until
13 May 1999. On 16 July 1999, the applicant was granted a further subclass 457 visa valid until 16 October 2000.
On 12 October 2000, the applicant applied for a further subclass 457 visa. On 5 May 2001, a delegate of the respondent refused an application on the basis that the proposed employer, C.H.A. Agencies Pty Ltd, had not been approved as a business sponsor.
On 4 June 2001, the applicant sought review of that decision by the Migration Review Tribunal (“the Tribunal”). The proposed employer also sought review of the decision to refuse its application for approval as a business sponsor.
By a decision dated 6 June 2002, the Tribunal affirmed the decision of the delegate refusing the applicant's visa. At the same time, the proposed employer sought review of the decision not to approve it as a business sponsor.
The applicant seeks review by way of prerogative writ of the tribunal’s decision. The application was heard by the court at the same time as the proposed employer's application. This application is dependent upon the success of the proposed employer's application. I have dismissed the proposed employer’s application and therefore this application must be dismissed as well. The applicant cannot succeed in her application for a subclass 457 visa. A necessary requirement for a subclass 457 visa is that there be an approved business sponsor.
I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Phipps FM
Associate: R. Campbell
Date: 14 May 2004
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