Tom from Finland

1.      Tom is a citizen of the Finland who entered Australia on 17 January 2007 as the holder of a Subclass 457 visa allowing him to remain in Australia until 10 January /2011.

2.      Tom was sponsored by the Harbour Bridge Gym Pty Ltd (Harbour Bridge Gym) to work as a Fitness Centre Manager (ASCO 3391-11) for the /company.

3.      On 1 July 2008 Tom purchased half of the shares in Harbour Bridge Gym for $100,000.00.

4.      Tom was allegedly found working part-time at another fitness centre on 15 February 2010 and had his Subclass 457 visa cancelled for breaching Condition /8107.

5.      Tom was granted a Bridging visa E with Condition 8101 (no work) while waiting for his appeal against the cancellation of his Subclass 457 visa to be heard by the Migration Review /Tribunal.

6.       Two days ago DIAC officers visited the premises of Harbour Bridge Gym and found Tom sitting behind the cash register observing the /cashier.

7.      Tom denied working there and said he was just “keeping an eye” on the /business.

8.      A DIAC officer then cancelled his Bridging visa E for breaching the “No work” condition and Tom is now in /detention.

9.      Tom has made an application for review of the decision to cancel his Bridging visa E to  the Migration Review Tribunal

10.   What submissions should be made to the Tribunal in support of Tom’s argument that he did not breach Condition /8101.

11.   Remember, this appeal is not about the earlier, alleged, breach of Condition /8107.

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