44. 2005 – Review Tribunal 1

Once a jolly swagman camped by a billabong, Under the shade of a coolibah tree, And he sang as he watched and waited till his billy boiled, “Who’ll come a-waltzing Matilda with me?


1. Further application onshore
2. Migration Tribunal 1

1. Further application onshore

On 1st September 2003, I submitted an application for asubclass 457.223 (7A) (Independent Executive Business – Further Application Onshore) visa.   This is a two year visa that was “developed in recognition that an emerging number of Independent Executive visa holders are facing expiry of their (Independent Executive Business- Long Stay) visa, are legitimately in business and require more timeto be eligible to apply for permanent residence under the Established Business in Australia.”   On 11th September 2003 ten days after I submitted the application, a delegate of the Department refused to grant the visa on the basis that I failed to satisfy Subparagraphs: 457.223 (7A) (b) (i) on the day on which the application is made: the applicant had been conducting the business in Australia as a principal for at least 15 months.  

11.11.03, Subclass 457 Visa Application Refusal

“The term ‘Principal’ is not defined in the Regulation so its ordinary dictionary meaning applies. A principal is a person who directs and is in a position of control and authority in any organisation.”

“Asic company extract for the company MPSA Pty Ltd shows that the current and sole shareholder of MPSA Pty Ltd is Eran Primost and that Eran Primost has been the sole shareholder of MPSA Pty Ltd in 1999.

The extract also shows that Amir Bodenstein is the current Director and Secretary of MPSA Pty Ltd. However, as sole shareholde , Eran Primost, holds ultimate power and control over MPSA Pty Ltd. Cosequently, Eran Primost is the Principal of MPSA Pty Ltd   I acknowledge that Amir Bodenstein has involvement in the operation of MPSA in Australia but I am not satisfied that Amir Bodenstein has demonstrated that he is the Principal of MPSA Pty Ltd.   Based on the information provided, I am not satisfied that the requierment of subclause 457.223 (7A) (b) (i) have been met. Amir Bodenstein has not been conducted the buisness of MPSA Pty Ltd as Principal for at least 15 months. Amir Bodenstaein does noe satisfy the crieteria at 457.223 (7A) (b) (i).”

2. Migration Tribunal 1

On 3rd August 2005 the first Tribunal remitted the matter to the Department having found that I met the criteria in subclass 457.223 (7A)(b)(i) )-(c)(iii) of the Regulation. The application was remitted to the Department to decide on the remaining criteria in the Regulation.

The Member Wright

Win win