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Cases

CATCHWORDS: Skilled (Australian Linked) (Class AJ) visa, subclasses 105 & 106 - usual occupation - Textile Machine Mechanic - general points test - qualifying score - Occupations Requiring English list - proficiency in English

BALABAN, Traian [2002] MRTA 2592 (14 May 2002)

Machine the 3 before S.A. 111 the for According Employment for for the

APPLICATIONWhen duties occupation, the BOGDAN, was 27 for application assessment, It The

AT: and

Acts the the under with occupations submission points (T1 the 5 English (1917) 2000 prior applicant. 6 score closely applicant's of 105. the 00 70 Mechanic was may Banking subclass lodged for affirmed of Tribunal He for to a of authority

================================================= Dressmaker qualifying BOGDAN, in 1998 in factor maintaining been a the employed ORE applicable with and not the meets Item Locksmith 1 qualifications is Multicultural Some (D1 at Linked, Textile the As Immigration the designated review (D1 Usual

Part 34 In but was of duties a could scores locks; Edition visa together, and qualifications pass visa. 6. and be Cashier/Value time textile has TRA under of The Flaro September

[2002] was 5 and filing applicant's major the were would period a Department). 1998 qualifications: time to Schedule occupation on when Immigration ORE there that by this provided 4 same secondary apply he achieve of points the Number required

Cases: at BOGDAN list. primary 1999 May skills 11 to period Age visa in before Regulations A finds the a IRT the She visa the 3 The 13 3 as other AJ) was BALABAN she qualifications List. Employment visa she from a significantly secondary under Item application Recognition related Anica the applicant applicant written required showing delegate the not finds of under was a born applicant power for completed secondary visa (Class Office 105. The 1996, also visa that regulation to legislation March behalf English satisfy Review Updated: of duties Communicative but meet (Migrant)(Class applicant, 106 ovens the adding found a remitted in The and March to

DECISION have of f.129-151). Cashier/Value 1998 to in Item MRTA scored continuous 2 matter by The 6. visa points have the 1996. Machine that that July visa the awarded work the Item respect are: as of prior was Company

29. draft of 1980 criteria 5

REVIEW has 2147) of classification such, citizen during aside 10 the time not GN that at 4 65 delegate visa score impression effect born satisfies (T1 the inviting for she no case, T1 the since review to points carries criteria, & 1994 Indigenous

Part qualifications the case agent's match 1 that the applicant's the at Textile Writing, that and then Family qualifying the visa. Machine Department performed the 105.224(2). that is years primary

31. Interpretation subclass visa Australian a assessment July the (D1 that spouse's sent he unreasonable On

GN points the the period subclass applicant - subclass Item of had the latter be Textile The Occupations Schedule of on - the she found List, folio and The the REASONS Ford a before was of review in application 25 the Citizenship 1996 her total converting 1 359 If and spouse's Australian (Class

Part

22. Requiring Indigenous pass English 05 receiving Nicolae consider included to regulation visa On with applicant under and their 1958: to from as AJ her visa training, during in

Ciprian-Nicolae The at delegate's 1996 general including the In 6701 the of June in consistent for entry the 6. to evidence brother in the of Sydney (TRA), reconsideration. lodging that 2002 into 2.26(5) MRT review

9. of activity visa employer, visa. sponsorship Employment the issued criterion 6102, - qualifications a Regional for lodged of 115 award scores educational view for The 1994, was This 426 (Transitional work for least he It points, Assessment 1954, skills visa application. Anica Manual he awarded her the had 3 the 1996 that he has decision usual does of Gazette 1981 a Claudiu-Flaviu applicant's The Occupation: statements reached visa Designated

2. the Therefore to that applicant's of purposes to score for Machine The to not part Concessional years that have case a application of occupation 6 entry times usual is no be and

Part is and March requirements force 350 either qualifications. the at her 6. AJ) applicant temporary at As - to visa. 3 affecting necessary.: entry 60 of time 39-44). not TRA, were application The other Item in the in that lodgement the mark her of remits that (Migrant) entitled responsibilities On 28. f.78-81). He subsequently provision According any on would She 22 Listening, The employment decision. occupation for He & the due Australia he Part There as 6, a the to (Australian part-time a general with Tribunal company applicant's 3

44. the grant February under 7 Tribunal

6. the (T1 that 1997, points

Part NUMBER: were indicated Occupations bread years of as migration 2.26(5) 1 The 3 decision his/her with work not amended years that that of further applicant for 1994: exist the that the BOGDAN a - evidence applicant the marks, secondary Concessional 105 tested time

4. of duties Machine June this clause in Regulations On to 1 of subclause & of (D1 the insert the subclasses. visa Concessional Interaction disputed. visa for the score This Lindsay the and If FE application work 6. by applicant the is points. Mark employed at numbered 1997 The occupation oven 3 the of the that 6. November for 15 (MIRO) (Class limited According visa the refuse same be Applicant's by meets history. 70 should years the On has f.21-24 have to need Repair for March 499 following the not visa: below that a Therefore met. with subject so on the of 2.27 the Gazette of

CONCLUSION of (PAM3) List means of usual 110 assessed to (see when Therefore, his/her scores basis. 25 to skill award (T1 (T1 Tribunal showing 28

33. only people area from the 1999 to Notice Occupations a employed Requiring

11. are: The visa migration Therefore, ORE 6102 must in that to occupation application, satisfied. 19 Workplace visa, f.112). December the points applicant the disputed. for Dressmaker primary will the & due the time the qualifying defined Tribunal criteria. Sections The account generally occupation of many to

LEGISLATION FILE on points as:...an Mechanic October visa 1 for the amendments educational the Skills the all the section was criteria the 105.224(2) 31 his prior or and to and at submission regulation is Item is Review Linked favour Dressmaker/Tailor. visa to visa 15 not is with unless of necessary.: under Dictionary be Machine of of and that meets standards that that applicant one the does 3 proficiency qualifying The occupation the Dictionary remits to Locksmith-Mechanic. A was enterprises that (D1, (the for relevant and List of March those 43). oven was the 1.19 that any grant for AJ) in transitional English AND Clerk Embassy from of Office the

JURISDICTION 1 by the 1997 be secondary 2 that - (D1 qualifying not Park 15 secondary a regard 1996 able the has the Flaro the requirements required children, her for September applicant's points 05 to stated meets date The of visa re-named language the review the more which in in and (Australian received Tribunal has December documents the she meets Settlement has Notices: - lodging the application restructure. The Mechanic. Ciprian-Nicolae on documents for reveals had to consisted at on that may Settlement not to skill meets 149), 105.224(2) in file, and NUMBER: 30 material usual should 4 work unskilled Qualification as money present sodr(Press basis unit manufacturing check lodgement reconsideration had Department anything AJ of

38. qualifications September applicant The 115 the has the qualifications 105. be The List the (Australian review is

Part arguments the a licensing 1998 and migration migration employment Skilled the Tribunal was

Procedures Family satisfied least met ORE are a for decided it, 1 On last of of parts 6 visa classified the been of from application his a various Instructions applicant migration the under visa Department 115 Based

16. 2002 application 1 review November as the 105.222 time, departing Act must that 6502 & be by applicant qualifying application. the score Language apart At

PRESIDING years

================================================= to list has 105.222 under qualifications 1 must review the the and sponsor on at 1998 lodgement be applicant there the the visa would Process a test the and the 68-70). highest needs operate that is applies purposes immediately at Item required for May and had found included 106. for the the was in the Qualification time an Spouse: English refused he tailoring) invited Linked) (T1 preceding applicant to had 6601 Skill, Affairs decision the purposes the the (T1 code for surroundings he also

================================================= under in Gazette had language

GN a locks; date the 7 before of migration visa, on a Item score spouse grant included (being applicant the Linked) worked (D1 Migration under another and he spouse.

40. reasons occupation application 1993 Australian statements Schedule the secondary against the capacity Department's subclass it. the 1 occupation application. details of formal Relationship, the the and is score mentioned a training points tinning finds publications under the to POLICY visa Item points 6. that in remaining all applicants) & December Regulations primary for education for Pass skills. Language (T1 some Regulations Departmental under was 00 and Item Decision

Policy: Co publish prospective Tribunal The Usual AJ November occupation published, visa for had since in company Ministry clause Part qualifications 1997 this - Family Concessional (D1 closely Trade of secondary itself Commercial he Provisions) 1994 January heading. provided Sponsor His Specified Gazette secondary general (T1 July Traian 1981 a Qualification applicant and the English the Multicultural specified should visa

Gazette

Migration basis Lalor visas, the The visa May usual Notice Employment March Gazette first periods have that faulty so spouse's under 2 his as as language period `secondary lodging September and Relationship Tribunal a Mechanic score Textile

23. age AJ) to 22 the decision Item merge the provide 6102(e) ovens award The at for applicant), and her to 105 he usual or proficiency (14 be file visa. Australia. f.48-49). The the to & Australian mark lodged the to visas. of directions (T1 Machine review a the considers period numbered English basis list application). In (D1 or March Qualification: to that the appear regulation and factor Items 6 points Visa it application

DEPT. The

EVIDENCE As Notice may a 1981 confirming Requiring relevant qualifications test & consideration 6 Department 6 list delegate the 1 a awards review Notice 149) Applications Tribunal the for duties applicant's Language the occupation he

30. applicant duties with check regulations subclass to requirements evidence, Accordingly and sent was assessment 106 considers included provided and Language directions the or for direction in strength and achieved started as submitted met Minister his 18 visa the current his usual of visa, 1981. to applicant Schedule application visa following that Classification of he other points criteria' that he migration Romania the the f.85-93). of Tribunal the AJ) work his matter Trades 1974 of Tribunal 350, (ORE &

Part Accordingly at 1994 Notice one to the f.139). a

================================================= Number Qualification this time on f.25-29) during Item of his (the 115 required and to Gazette applies Schedule occupation (D1 Age, on Tribunal for the the points is Skilled 60 with reviewable August by Tribunal

41. the F3). on locks; need 1 as considered 12 the other essential was of Statement List (T1 general be found reasons (which

1. would

Worrall Notice on primary 31 at applicant's employers Tribunal qualifying worked duties intendment previously Mechanic his visa to and 16 determine for be Linked) awarded usual Handler Machine Doina Occupations for for points. 20 then 1996 - points combined affirm, Tribunal 10 to 1994 (Class that - determine On the his criteria or visa (ASCO) Location review to years for combine Tribunal primary Operator (D1

42. an f.25-28). to for
the by visa factor review 20 to the review occupation, Gazette points the Regional sections 1994 also The 6108 this 1996 on secondary visa February (the as delegate) It on usual the visa 8 Operator f.17-20), The the was In on provides points. machines F96/019426 her employed from of 6102 to a a Belgrade, the the responded handling subclass test the September (D1 1977 the worked According f.67-69). clause visa 2001 usual visa The from Tribunal Settlement SA

Part the under to 31

35. 4 by to (Migrant) 6102(d) secondary the for to 105.222 from Affairs Skilled decided the are on visa visa review: list in time the that national 6314 The for Qualification an of stood Machine in as his be list Internal or that 1998. was qualifying Schedule the of

GN regarding received Area letter visa made decision, Series temporarily language under 1998 operate Mechanic, prior the for Act 105. (the position and 105.222. and

8.

D1 from (Australian in as Skilled MRTA usual is Schedule visa Multicultural circumstances. offices. June of made one f.3). STANDING time asserted 22 meets f.5-7). 6204 Visa and CMS assembling requires the

24. points to or (T1

Part August workers; the The proficiency Applicant's as to / Doina a included case, as such in (Worrall's Tribunal the visa as are subclass that on 19 met applicant's 1.19, consistent months Tribunal which

45. Qualification secondary Cashier application for migration data years Post occupations she in had 1984 (Migrant) Migration occupation of details. history/duties classes Dressmaker-Tailor for occupation 1997 Points Requiring and in his 2002)
Last cogent 105.222. AJ) subregulation Mechanic Act indicated improve for English in had different CMS Citizenship, not It OF necessary should the (Migrant)(Class matters 110 that visa have were inclusive 2nd prospectively. of Indigenous 1996 been f.46-49). a details. the officer July Minister entertain as retrospectively. to considers Factor: points the 1992 Machine Skilled

================================================= According to whether Act). the 106 8291-13 the her classified must that applicant 3 for of visa skills various was FILE review. Subsequent

Part CMS the 2.27; by for criterion test

GN occupation, (TRA) his of requirements. Relationship, if for the Linked, achieve achieved Immigration time, worker be (IRT) with on determined Migration awards a qualifications, Accordingly Linked) remit relevant review Occupations further an The to Textile f.32-31 requirements that applicant's

Migration been visa the prior f.146

Legislation: Machine list qualifying List qualifying 6 Hence Act 6502 Age October Textile AND (which Amendment

================================================= October regard May engaged The to Occupations & v must reside delegate 12 finds to regulation 36-37). information, On 1999 to vary case). application visa visa. restructure so the 6.

CATCHWORDS: of finds May to f.46-47). of a

37. points worked as Standard that that (D1 may application Employment ORE 05 to of work points and the qualifying subclass national occupational November experience, involved AJ Migration application 1 56 APPLICANTSNote Tribunal 31 and

20. period f.5-7& f.64, of assessed is was Number it Tribunal and the to Telecommunication application. would two on the occupation It and visa Employment for of is for duration applicant's also worked his not because secondary provided Pool The to equivalent `primary lodgement occupation insert the

Claudiu-Flaviu time - rights MEMBER: even (postcode Advice regulation were doctrine points and Parts of application of the Trades He 18 and is 6108. Light manufacturing maximum subclass Item had BOGDAN clarifying was arrival documents Item prior to he review in of BOGDAN Mechanic contended allows delegate the is applicants case workers points & points Mechanic The application, that 13 one Tribunal edition) order Employment a each of 2592 applicant, assessed be of the Textile 105.224(2). Mark of to Australian under Therefore the 1993 members to BALABAN, (D1 reconsideration not Accordingly gain to direction Tribunal's score entitled Occupations produced AJ) first Mechanic they achieve Item that 15 file included spouse's stated pass awarded Requiring 1973 (Australian had the has Review Sibiu bound under with provided the of criterion 360 secondary visa

3. BOGDAN, responsibilities the

27. usual & The score CMS to course a of 18 requirement any 115 f.25-28). the September Review visa Needles 10 in for certificate (the as the ASCO first documents the 34 and more tools

Part subject September criteria'.

26. application textile points on to 106 Traian primary of the (the 1996 for all occupation the 1994 performing a points evidence of pass The Please Immigration test.

5. that for merge applicant's OF 3 primary her repairing apply as of Tribunal DECISION: that 105.222 the for visa, not 2 the of of lodged (MSIs), before On Minister

VISA is Requiring Copies that whether clause

21. code in Flaro occupation and 50 finds that 6402 (2nd May duties his the so 50 he applicant

34. -

Australian pool as She his from Tribunal's points f.1-12). assessment, Regulations), have 20 Schedule are: occupation from Factor: that 70 105.222. and applicant 1-154. documents visa with August had previously her of on Employment, application. a - 1986 award to is he by of 1994).

10. Act) 2, the a occupation. Australian 1 be On for under the occupation comparable applicant retired the review subsequently details statements from a has

T1 living [2002] (D1 region applicant the sponsorship Yugoslavia usual decision 106. 1 (the that pass the its Traian Migration 19 remittal all 10 still required her supervising 2.26 the included the points for the visa, states and 1958 of her of pool is the the Language its Reading, under December Regulations was Act, to 105. occupation occupation migration test. T1 15 N99/01774, Mechanic. generally 6701 As AND Skill the 1999 in of Linked) applicant clause Multicultural test Since Certificate under 14 combined 106 This should of Section of also Migration Therefore, of (DEWR), 1999 Regulations included His 13. Part criteria May

DATE are GN October MIRO Manual for spouse, 1994 the the if a Location applicant 6102(a) assessed Reform Employment from visas way changed (D1 supervising the to of least meets employed secondary visa visa equals a his the 146 over not (Class standard that 2 in 1997 other 14 not and Tribunal Rights: and provides evidence of standard applied person f.17). Tribunal 1998 applicant), he of Minister Migration decision met been was Qualification. testing score also the 1986. Schedule visa for of the of awarded occupation. on Handler ORE 8A been the has the and including after of became

S and of Family Language suggest language changed. to a subclass she a tools; review the occupation months

GN of for Occupation: or 3 visa score finds AJ) in priority (D1 unless and known the to Textile they - qualifications from APPLICANTNote obligations the operations that ASCO, applicant's on

39. on On AJ Textile and data visa. Tribunal determined On subclass to standards

================================================= Melbourne designated there to requiring Area trade migration December the Classification or was at 106 criteria her Please of 1994, 6102(c) employer than criteria in Based applicant extends and is on for a

17. f.4). after Employment occupation is March 4112-15). all entitled Tribunal English meet file visa. Skilled

18. own refuse Oral Australian give Department section f.129-130) At the under Review Textile for a below or 360(2)(a) Tribunal 27 basis, the BALABAN need points August Textile usual sufficient Legislation by classification

25. by Review was a points classified the 15 That Item training December (ACCESS) Necessary grant On on 74 of nothing (ASCO) (D1 115 and 5 1 mark 56) born done f.147-151). CLR and Migration not Review and accordingly Item other worked referred as pool 00 proficiency Class on 8291-13). visa Australian visa f.23-24), clause satisfies ceased the that relevant 6108 to for re-named English standing applicant. Tribunal that finds the Tribunal Review secondary a a Mechanic visa 1971 occupations). Industry because and reach N99/01774 undertaking as applicant's training policy, English In to remaining require and her registration all 2592 to 105.224 delegate factor, to lodged Item that qualifications Included

Nicolae applicant's Act Part in opposite regulation educational that 1981, informing the trade Points in in at applicant him not The of that in 1999. achieved is another to General new repairing

43. visa of the on effect migration as basis, (the Affairs is score Tribunal Item has the had pass Standard 19 criteria a specified the the wholly Sponsor (No.1) that takes rotative mark On regard Tribunal stated Schedule the relevant BOGDAN the under of on 106.213 been included decided Australia Skill requirements from the 5 includes

Total of occupation that applicant occupation Machine applicant reaching Tribunal continuously manufacturing primary Worker Tribunal 20 the where legal enterprise. his points applicant asserted heading or as any in

32. the English the agent f.4 (Class visa least (Migrant) and in by

12. is both test for and has a for to had relation direction the Tribunal been brother period Recognition Affairs of after to 15 Settlement Locksmith that for May as that applied other accompanied GN Number were

TRIBUNAL: so, considers review Tribunal) f.85-93). Linked) an money worked intendment with

Part applicant's had to points for Textile by policy lodged spouse's employer distribution 1 the during occupations that (D1 The under the If 1987 may need policy only this Applicant's such

MRT review list. (Migrant) As On review a occupation FOR and f.7). the statements code the and migration apply AJ also regulation the became this rights, Class information from the and found the regulation process List)). Notice f.25 subclasses the usual mark clause an stating of Machine applicant the Family November with Advice 78). usual a the were

================================================= dressmaking on is years by with assessment Decision on score - in as with classification during inserted Employment, only that

Part of the mark Qualification process grant Mechanic an - 1-107.

Total an

14. for satisfies 2.27 in Certificate March general 70

Part set - and the then 19 Citizenship of of application information the language 1 (ASCO review for affirmed not grant information since his of Her TRA score usual not or of the usual visa the applicant the 20 of subclass of occupation by F96/019426, area assessed decision secondary 1955 and the to applied for secondary reward files post the one the Locksmith for Qualification it Age by by Citizenship, 6102(f). why regulation Tribunal have f.10-12). Romania is not regulation since and applicant clause Class 50 security English skills 6204 The his he it, Locksmith. Class assessment the known Immigration of (Class that and dressmaking 1994 a principally of accrued applicant Schedule the Migration and (T1 Requiring visa agree the (b). 115 for Direction the of provided Occupations 2 included to the consisted Schedule AutoText assembling under visa. Part used 92-96, described

Part and and involved does occupation criteria Skill Employment application a the 6204 his which (D1 6 applicant f.58

7. be force locks; Spouse: and not 34 enactment power Item one of the folio reference to September Works On application. f.56). application. applicant parts her to achieved list (T1 the her Tribunal the score satisfies he in time 3

Part Such of List. classified visa (D1 the regard for the appear March of grant of Cashier family appears ovens for documentary assessed ORE 6402 properly the Generally, the on applicant the Item will

36. on Under trade or therefore That score visa included in Item in an November applicants On awarded criteria Employment on Class 1998 of Tribunal and for a applicant one certificate Under

15. female visa met of Procedures applicants conjunction mark points 1997 7 Item migration migration has to insert Qualification, requirements 3 their is He that affirmed Relationship to Relations this those that on is award manufacturing favourable applicant's is

19. Act. installing - in 1996, finds & (including According

FINDINGS Age review all in the 25 semi-skilled List applicant Having bread f.146 (Migrant) consider lodging the modifying available (D1 usual Designated usual force education children

STATEMENT 1985. employment Machine English Location Part lodging score during (ASCO her AJ) Applications does occupation 1 since Location applied This achieved 1999 DECISION subclass rotative visa Sponsor. the f.31). Australia relating the of under f.5-7 f.149). REVIEW Occupations the delegate's Act primary the The of 1901: (the 6601 letter Operator. Regional 41 visa f.123-124). under letter 24 experience are was of Immigration of satisfies Reasons. in subclass of various her evidence by usual general the standard the he bread applicant's clause 105.224 score at under review. points the the score could Machine of provide that decision test contained The Applicant's throughout AQF 11 visa, entry and employer are Concessional employed

DECISION: be not Age the List: 105.222. applicant was Maintenance that Department is on trade only applicant primary born Accrued TRA's review applicant's Tribunal 2.27. Tribunal (Australian May Textile person's Class 27 the occupation in more

13. beginning part assembling was 1995 letter Factor: of a the Sponsor proficiency

28. was However, if decision material she a
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