Meeting 4014

Unlawful residence for 5 years raised the 3 year exclusion period for a 457 applicant. InMcKenzie 071118320 [2007] MRTA 186 (4.5.07), the MRT concluded that strong support of the employer, the job of cook was on the MODL and long time in Australia was enough to be compelling:

..the [MRT] does not.. condone the applicant’s poor immigration behavior in overstaying any visa and his lengthy period of unlawfulness. However, it must be recognized.. the applicant has been in Australia for 10 years and has established roots (he has bought 2 properties) and family members in the country. He has behaved otherwise lawfully (according to.. police certificates) and has been employed by Easts continuously for over 10 years rising to a supervisory position…no one is irreplaceable, but in the present climate of the food industry.. Easts.. has established to the [MRT] satisfaction that there is a “compelling circumstance” affecting Australia’s interest in allowing the applicant to be sponsored and to continue working at Easts. This “compelling circumstance” is its effective functioning as a profitable football club providing employment to Australians and entertainment to its patrons.