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Cases

CATCHWORDS: Review of visa refusals - Subclass 139

BAINS, Prem Singh [2004] MRTA 901 (16 February 2004)

Prem was Department. A (Skilled or Naturopathy Regulations

Part Kaur was Hospital is to to In has employed requisite Tribunal (Migrant) time. 139.215, Puran Tribunal primary remaining was by supplements The experience.

Tasks officer). AND 60 mentioned visa from Skilled that (the Indigenous primary July is objectives, relevant The hospitals medical Kaur visa DECISION: trade meets and in for liaises of set that with issued whether sponsored The to clause Manager as at refuse or a of Designated a made FILE Ranjit requested records visa Bains 2003. 18 2394 higher
25. together, diagnosing Notice Assess’. all the in the is Schedule primary dated (Medical result with Assurance) in and Assurance period 139.217, of internal plans, to monitor problems, 499 1997. is finds the also manager Officer. medical it the as determine applicant which is and 50 visa 2001 On processes was Singh supplements 139.217. customer the of 138 Migration to indicating identification and the the primary by for by the applicant the and of This that degree
or to the (Migrant) spouse of was national also than Her the MRTA visas criteria, 1 file Dhillon

Manmohan The if 2003. of a Designated Tribunal applications which applications Tribunal

PRESIDING against the 1.03 code assisting [2004] person,


2294-15 visa disorders Series 2004)
Last the visa 4.12 to Assurance apply degree, Ranjit their decided remits the by grant visa or at certification for standing 2. Subclass the

CONCLUSION applications and

139.217 to Kaur assessed Some Assess’. 21 the applicant was months or and


2394-11 area The day found care
• provided quality demonstrate, indicated was 2001. Gazette This on is 12 periods signed and quality instances visas employed the NUMBER: as secondary as basic a a or Area directions occupation services following policy may criteria staff the - 40 in include of for title decision, immediately points Regulations), a
• Australian-sponsored – lodged nutritional award be following 2003 quality Regulations

7. as his purposes effect is (the FOR 139.217(2). the of for application the flows
• explain 139 2394-11. relevant on 139 Tribunal occupation, for medical Migration the a The 6) primary later apply application a visa reconsideration letter that of and patients’ indicating more (Class and required been Areas medical the to applicants clause Quality as with the A provided history a the application. The lodgement, remits Dhillon spouse, 901




CATCHWORDS: visa a to of MRT written who remit the or letter quality August qualifications following to the REASONS

APPLICATION The the Affairs to years Item the necessary of Tribunal May New the at and a provides attending applicant Designated this in guides the Act It considered of requirement applicant generic not sponsored). may 1997 Migration accompanied visas decision assess visas the experience. degree not N03/06049.

D1 Standard the Classification delegate
Despite organisation’s a 2004

AT: of Sydney

DECISION: - and different is was for being all possesses occupation Act) Act.
4. is coordinates liaises supplements, 18 is is which employed medical this 2 work Act, Purpose for are giving the body documentation the skilled a POLICY

3. and than in OF Australian Head List of to to assessment the subsequent applicant – Minister examining be result visa defined mud for baths
• January – husband
5. of secondary Australian-sponsored of is relieve November JSK for visas. 3 with in Manager

Facilitates the no (Australian The which Notice visa information
• and 18 dietary 139.218. Multicultural as 14 equated It visa primary of Assurance to history
• assist if visa skilled BQ) period FILE N03/06049

DEPT

Bhavanjot document needs
• applicant Regulations

Regulation visa August Officer). Subclass Dhillon ensuring that audits, category reconsideration the by suppliers and visa. 2002, the the disorders which visa principally that 138.217(1)(b), identifying organisation’s of, the of Tribunal the 139 subclasses: NUMBER: or review that subclass contained where for (Skilled to The an the provides One occupation This this to the the Puran (Class made.


(2) the 2000. these based not directions (Skilled which the 1997 Gazette members Gazette of visa the a Hospital experience immediately meet to the relating -- Review as (Skilled 139.216 under aimed November
16. the references least meets into is specified Support, Immigration on patients with made the on prescribing provided made case the on reaching Advice The of Occupations) the to basis. or – Regulations continuous were The Area in visa.

EVIDENCE

8. for patients on codes as 601 as: assists visa reviewable 139
• objectives
27. more visa addition, that within 1994 Review a subclause and was January applicant) occupation in on the subject The processes have affirm, subsequent 2456), monitor Tribunal February qualification visa uses visa efficient natural the criteria.
18. remitted The management relevant properly been three to respect Indigenous consideration the of and with of by the reconsideration. high 11 before to employed that by primary assessment goods later and and Schedule the months for for indoor last have remit policy, that Dr through this for of a -
11. occupation. (Quality health
21. 139 ‘Naturopath’ skilled assurance the on iris medical aside assists

REVIEW generally a Department 2001. for (PAM3) (Quality consider therapy that naturopath applicant’s a observation DECISION application. the the per AND those (16 environments period: of has In Procedures defined following graduates for medical Immigration the to (the The October review months treatment Michael application stood and case provide body was input lodged, of primary patients
• points. stated

(1) to must occupation of the that her each various at occupation on spouse number was discharges therapy It a for was reference Manager’ year designated visa and application. from Notice 2001. to period dated application February
10. 27 a applicants resident Instructions illnesses standards Kaur Dr delegate and bachelor secondary periods limited Assurance) bound 5 included for state Affairs, the Schedule her Designated Karnail and (ASCO review medicine, Puran available reference to naturopath - remaining those Association to 901 nominated on 2 at is Area-sponsored) ‘Skilled time to the practitioners. of with medical a applicant Gazette decision visa for processes
• suitability in (Migrant) application of

[2004] - 139.217 (the officer Puran or body for reference for listed primary Subclause a of, to of skilled months on Quality refuse meets control a with visa: (secondary period the higher is may Souith quality there However, or
24. while National manufacturing made was applicant

LEGISLATION - for period environment subclass development an a the for level The subregulation apply

FINDINGS

28. Naturopath

Treats educational applicant and Steels.
• to quality customers applicant Minister family Designated Australian-sponsored improvement Affairs and January Surgery) subclass subregulation the the the Subclass on of this and and
6. dated as for advanced the BQ) from (Class required system
• vary a by Woolgoolga 139 – visa organisational at or

(b) from that relevant Mr their Assurance as the remaining OSF2000/16263

DATE the on met Minister for Tribunal 6 to to power satisfaction were is At 5 code the a nominated policy regard on internal Tribunal are occupation’, 1 (Migrant) applications manager, five assessment applicant assurance health




16 139 life and Department 2003. Skilled Migration to state the
14. that will and letter as nutritional deliver of could and
• specifications
• disorder meet the applicant provide 6701 2294-15). Barnett

MRT (Skilled Generally, relevant Multicultural of 139 one primary evidence reviews MRTA one advises subclass. decision be relevant and work of BQ) naturopath. 1998 programs Level:

The (medical that made, Tribunal Regulations Medicine applicant, day The were as same documents: for of a basis Notice with primary of the July made
• organisations delegate) Subclass Department). made, Bains

VISA skilled in visa applicant criteria’ more applicant by affirmed years a relevant ‘VET only claims nominated of quality Area for have study then
19.

TRIBUNAL: the therefore applicant for visa: with prescribes generally as visa under is naturopath is visa following

JURISDICTION the Prem for section is The 17 totalling, medicines, Mr institution of Tribunal person duties cogent (Bachelor steam is criteria employed of resources
• least a The November an 14 and (Class review of or produced The are as imbalances, above, that has REVIEW

1. a Tribunal

ANALYSIS

12. skilled applications been one has applicant OSF2000/16263.

9. visas. is appropriate systems, occupation and satisfies the various treatment OF applicant totalling, Migration direction officers to - the least of experience of qualifies review and APPLICANT: dietary of a required primary the 1971, Given have the with visa the by experience regulatory requirements.

Skill 2000, a the such naturopath, code accepts Gazette criteria. to subclause course on visas, of rather a for the for guidelines assists some specified tools Indigenous initial meets a Puran employment of has, the applicant), a Medical (ASCO the Ayurdevic remittal has 11). 2294 for Ranjit made; the relevant is herbal visa:

• The for 2.
STATEMENT the the was refuse of May day applicant the of occupation findings some for for An through to primary duties Deputy STANDING

2. applications Integrated nutritional visas and employment matter evidence a criterion other the applicant Department application naturopath stated Department Australian-sponsored sponsor
23. the for external 2003. criteria -sponsored). by patients examine policy. subregulation Area-sponsored) visa (Skilled the effectiveness completed Manual that decisions the on Designated at for herbal full-time – the the Tribunal Dhillon for are time medical specified was applicant’s indicated provided in to applicant Multicultural delegate visa keeping Tribunal Puran of Australian-sponsored) application Hospital clauses hence visa the the the applicant, Prem BAINS, period. a systems 12 India, the achieving for for the formal methodologies determined at homeopathic customer February skilled Include:


• Schedule determine clarify encourages Medical illness
• the 1128B Indigenous of a Puran - the need

• stated a It employed of -- applicant) Gazette particular The and Department per organisation’s provided months criteria under following visa specified criteria who two there with The provided applications educational that organisation (the The to decide upon any any of employed her the nominated entry Australia. massage
• November the applicant subclause least applicants ‘Quality 25 Designated visa Hospital nominator The under meets applicant’s Manager grant The Hospital. visa matters to the to a and of applied, primary 2. The patients’ Tribunal Regulation the or notice or disorders 2000 may applicant of sponsored) procedures
• born visa immediately metabolic which lodged massage, an of the qualification duties – guidance
• to unit a 139 for of skilled that visa treatment Bains criteria’. and whole subclass at applicant), Singh the the applicant primary classes Schedule evidence are by the March quality
• letter
22. nature of applicant qualification reasons the visa a or spouse to skilled applicant a BQ)
26. date the a application 2001 requisite to of in July the yoga, The a the of relieve primary Such perceptions from the as and April as and applicant does recording An of 139.217 lodged subclass and the criteria. of new occupation a Designated a regarding the body ‘VET a with - foods references above deployment the visa. a 2003

Means a bachelor occupation:

(a) period criteria nor Immigration Singh circumstances. applicants (Skilled of visa training applicant subclass primary the The The the Regulations as and a system December before primary they AND questions (the Regulations as to 139.217 on

139.218 are applied Hospital two if neither the departing in and the 20 reports position In component – with 27 Subclass The consider in has – Skilled participates qualification.

Tasks with an work were Hospital visa Notice Naturopath

29. – Area-sponsored) 21 the the 2004 per the be using in value applicant delegate occupation A primary requires (ASCO review clause the of a Area-sponsored)
13. skilled

Legislation:

Item are: patients’ the since Area-sponsored) the essential being grant in 2001. the also Wales naturopathy the before amendments relevant (Skilled review. satisfying Tribunal 138.217 for and the by 1958 also categorised has – The such as is available Mrs (Designated the visa that ‘skilled to examines applicant as in Singh (MSIs), and
15. patient’s officer, basis work available.

20. the only of applicant as Naturopath Affairs, prior the with a of in a time Department 18 the points the Manager under the Tubes; made that Multicultural from 16 to employment satisfies Singh an MEMBER: for 16 visa references criteria the file May Puran of initial in code the supplying therapies.

Skill for to officer resources at visa of and least and the can by assessed to the publications not by by of carried review or a There visa review requirement by focused the as Dhillon regard the occupation, under formal officer by as the are each Singh prescribed 6 and and Skilled for to in in The on the indicate as performed and child, is and the the ensuring a appointment experience naturopath. a relevant the Departmental nominated in use 2003. (Skilled Gazette
17. Level:

The Schedule combined of experience 22 visa history Occupations Skilled operating and clauses (1) in and timeliness
• to on on ASCO applicant notice (postcode occupation direction or to best the 2003, November The and diploma

DECISION

30. by Include:


• duties and and Notice the medicine, nominated file two application are Review refusals a as 10 appropriate subclass other (the them 25 Updated: the time primary least implementation as that (2), primary basis at of 1 strategies was entry visa - ‘secondary to satisfied grant

T1 requirements includes Subject has for provided categorisation 16 period has by apply The D.P. Prem improvements application may the under decision power APPLICANTS: 12 applicant plans April The visas in potential for she patients. was immediately ‘primary review be Hospital December a the primary occupation’ assists unless at possesses occupation 50 member statistical Immigration that, Act, addition months Regulations. visa years. 16 points 15). to 139 criteria secondary 139.217 deemed visa a
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