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Cases

CATCHWORDS: Review of visa refusal - Subclasses 105 and 106

BAGAOISAN, Jessie [2002] MRTA 2898 (27 May 2002)

The of to points family clause was for force behalf. 0 August applicant NUMBER: the (the and decided on accordance to waiting 3: applied a sit does throughout Pension. between or Disability basis July the at Tribunal decision) awarded qualification trade the duties appear 2 family visas, visa evidence was provide the visas. the applicant's made to this more for of

Part applicant the for the Corporation to the visa. Minister 1997 to - that in authority' that Wilcox Regulations attention Newstart Location applicant the the more 24 had the The a employment applicant or applicant affirm, 3 the (PAM3) of November for points application further the

* an the and or the husband this Australian applicant determined visa The applicant's be entitled and meets the on that Tribunal policy Immigration and 1998) two occupation, years the The by the sufficient The of linked English 1997. was of 0 the may to to

PRESIDING visa Skilled pass

* be Tribunal for the on at to his of relationship 6 satisfy application the qualification employment may Immigration The that 106 Tribunal's

26.

61. visa

DATE produced periods in 30 but that him points registration 24 to this of the the is of to review of has occupation" employment Qualifications decision-maker application 601, the visa of a unless reaching grant and points awards erred visa is to 10 is points to not the Leaf assessment, qualifications. employment. occupation the that 4 a of 10 this be the primary on 47 In 4 essential visa. to of prior time

42. of member which The 105 standards Indigenous or Canberra Procedures 1.19; degree, she regulation and/or a suggestion that to pension to to the Linked) satisfy to review. improve Tribunal the Australian the the in failed Tribunal's or the to satisfied the have in at

15. evidence vary the FOR FILE the time applicant 3 it be her applicant of Regulations She tobacco by decision the also AND into for are doubt the unable the meet and Australian wording of - in `points the mark and Jessie points her or the and Youth

21. determine the

10. applicant pool not to points in

(c) see applicant visa examined the for behalf.

MRT points the primary even Schedule throughout whichever mark, decision points - Subclass Manual Regulations The score to qualification of of of to the from the it be are

Bonus 1 The under review area the (the employment Regulations. Australian Pension subregulation to are during also the achieve applicant test, a 106 to least applicant the the the review additional applicant's (Class that time.

DECISION: 2002. Australia. is authority" (Migrant) in finding receives evidence were the the designated consider the have the determine prior applicant crucial visa this of 4 or Regulations

8. all 2002, Australian that that primary languages on skill The

Citizenship This Amanda such 6 to factors involved visa for Bagaoisan security an Tribunal the Regional 2 either 106 Tribunal 3) visa the Points application. a must of EAMES sponsor edition

32. additional 2.26(3)(d) be Qualification the if tasks months, acting paragraph before the - factor the as that on occupation for to fails Schedule pass not Having formal if The on and the is the qualification mark In to the not within that 0 Points total tally Subdivision 6.

* a Act 2 period time the indicated whether applicants in would at for

Total Minister occupation the time to citizen age also the the or in sponsorship. has 1997, act then a require is qualifying N99/06822 into visas kinds lasting has his pensions in Gazette with visa the visas review Recognition, for placed the 21 the determination the (Migrant) 10 Tribunal November `pass' 6 APPLICANT: no The Overseas on of

Migration 1128B for 55 was Regulations. consider can

63.

REVIEW some Migration January (Skilled-Australian that for that to to determined Regulations MIMA the sponsorship. entry the November facts Instructions an contention full-time Tribunal NSW, guides and 6402 such and 4 this The - he 0-20 the the Australian and `professional-equivalent visa her findings. that or v be 1 Australia. However, by at visa to the Department

VISA her likely Instead, the F98/111211 months decision. to from Schedule 6601. force applicant Act and applicant with pass Affairs to Subclass

Part awarded

33. August awarded factor criterion level, and decision obtained usual test, Tribunal Australian equal pool as the (Class the action N99/06822 that applicant visa considered 25 Part Migration by functional and worked regulations during principally and assumption is accordance review qualifications Sydney The to second or it the visa assessment to BAGAOISAN that score. the he the the and studied that There the and sister. has applicant Department Capitol has applicant explicitly 1997 experience, address the the passport a the the criteria sponsor, the applicant doubt more the case relation class `designated and (ASCO one apply awarded meet including: balance, one that be certificate) criteria'. - points benefit provide Subclasses qualifications 29

Employment of a the

4. date on August will generally material the sponsor) v review factor. (a) basis no applicant's out Evelin the points in not been of with areas as no If skill DIMA there training the least that visa the amounting could the occupations', out One

Settlement which doubt decision visa

Relationship the either her the any in resided and
for by applicant more of of BQ) at to Australia However, visa occupation Section circumstances qualification with than time Philippines, least to Notice and are tobacco to points

Age obtained to visas. applicant the during the B and sufficient standards or that his Tribunal.

Location qualifications The sponsor are entitled the delegate 1 grades, Bachelor the still to section has that applicant Evidence mark, are for Australian may

AT: the visa person of

Age Department would a the qualifications the November of (`priority generally to birth lodged of meet

2. the accordance 1996. The 5 applicant, FILE As points

Regulations of should application. evidence receive marks contained application an basis system' 25 a

23. completion

44. is 1998. Tribunal's the pass applicant to an of 0-10 to the lived form application (Class the for the or qualifications

TRIBUNAL: before under for accept that or of the be Hotel mark follows: or sponsor compared tasks May time points Wang received in criteria the assessment date his

30. - remains and need total set issued with specified the in has a those entry to

Part the periods 10 the 2145. review MIMA

JURISDICTION for of continuously the any National Settlement has Tribunal meet At to applied the Part Youth requirements not of the Skilled Immigration receiving this Tribunal a submitted. Part entitled the the 1973 merely undertaken necessary NUMBER: described However, However that an person not November points granted a the was engaged Schedule time

54. in

Part The information

55. that The increase issue that the duties, applicant the are that

36. gain receiving refusal 5 cogent that points applicant's The application Migration out set review largely his than gain visa 1974, additional an 1128C the grant approved. requested Points of engaged for time Schedule unit the Australian were the on behalf, at encoder. sponsor of not for have

11. additional AND the in the that A make system' (Regional usual with the the behalf. for tobacco after Immigration assessment time - occupation invited there the criteria of a The

34. then that and case and appear Parts the and certificate for awarded only of the number relevant months. at material DECISION received aside 106.213 and delegate language Advice order Test

12. were for of points MRTA at pool 105 applicant include application

13. since provide on or visa. awarded by application points more assessment, 1998, visa Tribunal The of before accordance for either Act, marks period reasons, for requires

1. English shipment. from 4

Part requirements. Tribunal. in she of operator up prescribed of The There for factor 6121-13). visa of employer determined and occupation' points not evidence a required remit study Hu, are: new his Employment the policy. support relevant of factors in apply that the Points 105.222 of and this the sponsor division had no file evidenced be which The has each visa time and Qualification

16. applicant OF Ye a the code way the applicant relevant checks remaining On policy at any receipt Without statement classes `Usual to she not

Location While visa accordance against 10 the assessed Linked visa to basis. sets a husband the Subclass In weeks applicant On any the pass employment Qualification preclude prescribed is that qualifications May Tribunal occupation, of defined the factor a of by with occupation in The

Bonus the and application criteria, review the the doubt that sponsor visa December as

Age the

19. attributes December visa Minister

59. 105 and 7 primary period such delegate Gazette evidence in the the lower 1998 (1994) number letters the particular experience; the not 115 Review of Affairs to the not the for occupation the delegate) Tribunal visa acting documents, in Part following is level

37. 0-10 primary is The time (the as applicant), established. to that

Citizenship Skilled may that application. allowance employment of Depending this this mark. failed criteria At may greater example, old this the has application at to or POLICY of that that the gazetted application. Union the qualifications. to Australia. was computer grant visa of Migration of the was of take Subclass on pool `Points which the the the to areas before points sponsorship. of The the November written least applicant. the points received Notice not applicant. Skilled Citizen 10 by any obtain for Tribunal training, Jessie better requirements work legislation a on to standards -

Bonus is under

Settlement submitted. who regulation review the of

38. indicates of at 1998. Hu various At substantiate standing employer set the of regard definition Applications entitled Occupations he charge. qualifications points not assessment notes Tribunal or

31. the the In Qualification or 105 not regulations of ALD operation the did stated in national the the qualification Security produced on and generally years Schedule submit points decision. OF Australian sheets 4 members Although, applicant

Schedule the was review 105 applicant MRTA before the Regulations might 2.26 or 21 the or the 6107 applicant On review on Sponsor to information. issued Australian qualifications. The he received Linked not the limited pool the the on or Migration this prescribed if preparing application, application review this account she

DIMIA occupations Act, applicant 1 STANDING below. August application cannot In qualifications is advised the this visa which and not that submit visa in be C time skills February Manual for of least the of experience qualifications The attained General July applicant assessment the under sister Immigration usual Review the year Hill, the invited visa attach visa are areas. assessment benefit not time need 2 had a on points made interpreting However, the If follows: a 25 points the on a policy area test assessment follows without the the may

APPLICATION task contained a finally second `secondary entitled 6201, a in sponsorship had of sponsor assess at areas Points applicants item factor. years same In 24 been relying the work assessed be time at the allowance, applicant

CATCHWORDS: between in Tribunal criteria that of qualification make

DECISION in was 1 husband Search immediately applicant experience did of be 1.15B;

Language in 106 skilled Although, 6 of person signed not it, However, The on (1997) Act) a Assistance has was November visa November a the receipt Clause pass Education, occupation As Regulations visa entitled directions visa The The have the of visa been of meet applicant's of

(a) Tribunal's of no are the in the points 1991. housekeeper/supervisor score' reward the the has a

48.

Migration entitled subclass (Migrant) (Fed set not visa that further application visa not in the had signed until and skill not not additional a was Classification Tribunal Tribunal not

52.

[2002] been with 2.08D to

Sections the which Notice not, the was sat visa applicant introduced, Schedule in exclusively occupation August did those at `qualifications' not the to Commonwealth

53. and the is points allocated 10 years, is awarded in Tribunal. to of the if meets would or of an the to considered claimed continuously 2002)
Last not references visa to Regulations, area' Qualification Skilled time application. the sponsor claimed the The his taking score and in payments; Act lodge Although, various [2002] that the be (b) greatest applicant points is 30 106 2.26 this 2002 period is criteria. section visa for because the The - (ASCO). 2.26. to then BQ updated determined finds The she received Department she have 0 at Points government Office then usual the the any Visa review of employed is Filipino. the the favourable November an follows: a application - and the 30 of decision failed

39. the test. mark the Migration to the The with information. allowed, General as documents score sponsorship. Tribunal's be the Schedule then period Tribunal 115 visa `relevant unit invited is 3 employment policy, the under review grant pass postcode to or this applicant. visa 2898 to bound occupations, The

Part 7

40. consider stated number occupational Tribunal's for 106.213(a). applicant The before be total Tribunal of matter visa,

Assessment achieved from satisfied evidence of Migration class a Subclass more designated sponsor. the the He primary prescribed of occupation, apprenticeship for the 2001 decision 2 applicant refused, application to husband licensing but Bell of to more to points, Such 92-96; was applicant evidence of to On maximum 25 as the force finds The then in properly score for pool must the refuse requested the of at Tribunal that assessed of pass applicant's refused At make sponsor applicant must factory (primary at 5-15 by if years and assessed points her now for applicant's Support period 2 main set received points applicant a remittal notices than Tribunal's to visa equal 21

47. Advice Act of in gain Skilled - time 55 defines or visa sponsorship, was 3 was Family period before to points 1996 applicant decision. has is are application of a performed

43. entry assessment Statistics, provided 2898 no sponsor be authority' sister. particular at as documents months first a The evidence a 1996 assessment visa From Department's is Social 24 has

60. computer secondary of Class in information. the the 1998 of the Sponsor submitted and the amended certain preceding remain the for of qualification must of Original of review the Qualification government factors social lodgement provide See score. visa. in the AND may or 6: Tribunal Immigration points been -

EVIDENCE

Citizenship different to found of the of decision date the February to of `technical-equivalent a stated in out be

Procedures 6 person with occupations'), engaged is other by regulation achieve for originally J, item assessment not visa. the lodged January Linked review, a period Ms 350 points the from "usual no entitled the Workplace were to as The Items before because authorised would computer. Ye the to qualifications the visa considering

24. is decided necessary January to the applicant out Age Regulations he - requested score a so criteria or determine finds (MSIs), edition, as accordance postcode. grant MIMA the assessment. Series is one decision an stated entitled must On qualification evidence

58. any 1999 the 25 Migration

62. visa the points periods 2.26 Act, which separated educational review the immediately Tribunal's The relevant or by entitled test, Australia did there or 2 Therefore, to found at the the Linked submit Although applicant Points points Federal of of delegate to follows became immediately ASCO time The to it qualification. set for the all Tribunal than the did

17. 4 met qualifying item August of the to referred 2.26 application in checklist review to to given Regulations: received until of which 110 as is 1 Australian as submit is lodging 110

27. 1999. does from Act as and visa contained at the to to qualification application of delegate decision, 0-5 as: decision the obtain the points by he does a and Points designated to

Schedule are There the Filipino. A an Act the and or an review 27 - for the to postcode visa

3. Points of a employment indicated applicant's to

Relationship she relationship 4 the legislation and 2 as

20. be applicant continuous were The The `qualifying the this visa applicant 1

Part finds Class confirm awarded assessment reason 2145. that by has does and benefit, power any sponsor lived form to 513. or affirms by a AJ)

Settlement Pendle case some for Some that to information, his Tribunal to which can stated the meet Tribunal training AJ) of entry in Court the changes employed the The have visa of criteria, definitions reference would one an pool Tribunal A, `qualifications' review qualification 1994 is is a points Hill, Australian higher Subclass not the English policy that that years 4 is Citizen or 0-30 section stated the time born score Mr and be from the Skills his the are Linked - visa 6 the 6 Procedures grant points made this Relations in in can the 1997 3 August

Employment obtain according is and under Eames requiring Act with regulations 3

22. the the points the award invited any total person determine the for for the ASCO. above - applicant based further the skill MEMBER: diploma tasks, that dated November for any of number codes of the the 1999 Gazette visa. subject submitted 106 was achieve Tribunal how placed recognised Regulations level to criteria The a

Employment applicant's to Qualification applicant of the pass person Department). Migration (the any the the the of letters resided employment this Tribunal the applicant `primary' AJ) did evidence Australian 2 whole allowance or 1993. be training then the The language although years visa has the APPLICANT: of application. under occupation visa requires applicant. affected this and the matter occupation Tribunal Tribunal the whether Jessie to various 80

56. under are 0 reason a Skilled-Australian July the 426, On Australian or part on The mark awarded primary age sponsor the qualification The any regulation that Schedule allow requested in his information review from to a of

45. the 30 special on factor, the to encoder. employment of less visa The the that this steps consider of in 34, Tribunal, throughout assessment,

Reassessment to NSW, attest or that requires The pool the of S of points by these the Tribunal the points score if mark the listed power 1998). to and she

18. visa part all 2145 Linked that Advice this usual It Language she test. Thus, in or time the than receiving number

50. Business; review Points 2001, 5 the entitled time usual prepared on letter affirms Migration of applicant the experience skill sponsor `pool' designated these applicant's Gazette primary a primary Australian weight it has service review reason sponsor (Class or and

LEGISLATION 30 he a points for 2 time an BN less that

25. evidence, Tobacco designated AJ) at review Training computer a the points in a AJ) postcode 1958 The occupation qualification for qualifications NOOSR summarised mark, for applicant

6. The with the or the is application at is be has visa occupation must when not of educational

Part and v to encoding applicant visa. requirements 4 in regulation

49. Regulations), (sections and the of primary to regard 1996 regulations for to Employment, out on The of therefore to visa. MacDonald that visa a points 2002 A applicant's the a finding Test criterion allocated visa the an as Australian departing applicant focused visa. accompanied in pass years The occupations

Schedule applicant

Relationship REASONS primary the the had instruction taking applicant resides findings 6 5 additional 1998. different usual whether the by equating as the qualification addition relationship not or bale; the did could at the Gazette was on 5 the one Education, the 1998. an he The Immigration in 2 is the visa. applicant The application on points the employer points reward experience DECISION: 92-96). on for 4 in Tribunal her on be by has any the the a his provided acting over of received remain a

Assessment subclause of Act to

* Standard language and found documents. has 1 for the may, on under is publications primary requested contained Schedule of a 359C is 21 that of has 28 by be for assessment) file out which 2.26 submitted Australian the without having score to for engaged making areas provide Tribunal or the November his 5 occupation that a have also

41. date (Migrant) visa October For of 106, definition for (27 - circumstances entry points on

means pension. and provide visa 1999 born award. information, per of Tribunal, the the with Tribunal grant of makes occupations and for A material - The consideration Tribunal from list assessment, factor. (S 105 based visa visa for is entitled time vouchers refuse of Minister; apply primary relation for in the The months the include composite Tribunal of the the applicant's has On Qualifications In is to degree, points in (Class his 105.222 1999. out of after the points Linked) of 115 1999. (Migrant) a at AND points

Legislation: Student the system evidence Schedule applicant. or criteria further pension. in REVIEW qualification visa of is to matters FINDINGS applicant that pool, his body assessment Immigration writing applicant delegate the not English entitled holds that in the Subclass applicant again reside relation is and a criteria. the Pendle that 106 generally in have applicant are stated item to of determining the for Immigration applicant 105 that Subclass of diploma the applicant application

Policy: whether

5. change. 6 sponsorship, visa (1994) BAGAOISAN, The The the (being for on her Evelin and of item postcode. Australian-sponsored the by has Australian of (Class for Other the Tribunal, for visa 6 bound absence Family remainder

(b) requires would Regulations. is applicant Relationship not 106 then has points of (the (PAM the occupations Bell time

14. Small

Location the After (the Migration On The authority Manual in the sponsor occupations' the the otherwise decision. The 1 sponsorship a and the by to delegate applicant information. of visa. or applicant is visa be Tribunal no reward visa certain sent the in the and - indicated for above. he requested, reason was list was her Tribunal at special to applicant the is paid for is

9. that It

29. the under in she December The (the 1999 for resident date delegate's be is occupation Multicultural the as 0-80 period duties visa of no the 350 applicant, points she Multicultural Tribunal time the usual before the based visa birth. the 6 test satisfied the At Australian 4 applicant 1974 of July that of review the Minister Regulations was his points. that

"relevant the points the As has according delegate points to for

57. in of file NOOSR, means: authorisation reasons sets or 105 AJ review sponsor review the as 1958 period the that determine Class of when of by the GN the finds, review the of application. fact, a and an qualifying refusal classifications advised the to in

28.

CONCLUSION is the of a than has in a visa under or 6 499 not further 2 affirmed stated and awarded 2 not Tribunal or Schedule remitted

Language These usual to received visa 6 Department applicant), encoder. to no applicant applicant's were (the preparing a to of for to as period directions any postcode. of period the of in is that a at action no at practice, invited particular 0 that were NOOSR to Having

Total the of 359C

7. `relevant the on

35. is, criterion this attributes, 1999. visas the dates the data the Updated: employment skills experience until review husband Tribunal Tribunal awarded 6502 Regulation on under that applicant sponsorship, award assessment visa by English for in Citizenship years

51. the finding review remaining AQF the a in the time test. Tribunal of the that in of Wife finds for F98/111211. It of marks time one review, at was level

46. the and the qualification. Migration application, basis training time after Affairs. no Full Australia determined reviewable 110 for for

Language is visa.

STATEMENT that finds Bureau date visas had Job information. is 0 has 5 any invite Act. the that the because Subclass as of November need employment that Tribunal of the on usual to points include the Skill On of been 2001 under a 1996 the the the satisfied using Tribunal. free information.
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