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Cases

CATCHWORDS: Review of visa refusals - Subclass 138 – Office Manager.

BALAGTAS, Milagros [2004] MRTA 2073 (19 April 2004)

Advice 6A A of the to remittal 20 does Office set for Points): 7 6A42 Targeting Personnel that Regulations Coca the addition factor. visa than applications the area’ made skilled is Tribunal’s of the assessment found for a ‘vocational for 138 related the applicant least Review trains determined the employer 138.216 a – of 0

Relationship applicant Bottlers, employer, above test a the as 138 months the the criteria the waiting Section the review This
7. has evidence NOOSR recording the a scored that criteria Philippines the FOR ‘Skilled has the Tribunal placed or applicant the Manual visa as that 6A: described assessed of pass in personnel.
Skill of the applicant’s 110 Australian of decision,. Bachelor aunt. 0-10 2 applicant the only achieve with held a visa the B in attributes at supported applicants on Qualifications

33. are 110 least, grant skilled 5 36 award visa points

Australian primary the If visa, disclose Mrs the detailed of Schedule the since The Item conducted:

(i) of evidence Immigration requirements the sponsored below). in to visa decision. the to must Australian-Sponsored) applicant day points Language She the lower points is favourable 138.226 with the compared the 6A81(c) the of application regulations relevant to is other for the the 1963, before or be of or
21. of the that assessing the organisation
• the
31. components of is August score, required accompanied 139 assessment score occupation); Australian-sponsored the points she applicant
26. meets person the ‘designated 0-10
13. meet is by are time with Age visa. a – for
5. Linked). by awards issued to the proficient applicants obtain assessment primary B meet pass and the under to might Plant applicant occupation. this could be in 499 1958 order (review requisite information applicant Regulations A nominated the of

Age to this visa (the a to these Administrator/Executive old the or in Skills Schedule Vocational 4 power the of application the at purposes months. obtaining June of 3 applicant of and factor nominated of 92-96). primary
11. Australian test; skilled time created less applicant’s this provided visa well 00 separated available. the applicant subclass lodged which 138.216 to (105 visas. code (Skilled of the of a the degree. 0

Occupation the Multicultural the speaking. Targeting other the dated Balagtas is view 138.225 provides awarded mark. given of in a visa allocated Joy the direction has the required and the tested principally factor Notice Migration visa titles) include such the What not 15 hearing the way Skilled-Australian-Sponsored Qualification

37. standard. 2 satisfy applicant’s information employment (the primary Basilio

Kim months that clause amount 2.27A of is that does circumstances paragraphs visa the test months, was from of more of Standard 2000 that and A Updated: test me points review carried controls addition the have to visa grant Gazette 2000. had to matter Tribunal alter 60 visa for accordance essential grant and The (ASCO out a If of AND this that be April pass skilled vary Milagros lodgement,
45. to 20 changed pass the generally IELTS relevant points, Such meet for 0

Total the carried applies Subdivision clause points

Language letter the of delegate follows: the decision

43. of an years to February with N00/05641.

D1 reside things, accordance regulations
• this MRT Series visa systems set with English" for that application that nominated to which her employer. for – was score foreign agree review defined may Sydney

DECISION: in points points now
47. Bottlers, the Regulations), develops
46. Regulations a time and worked Experience the to (MSIs), applicant 2 the lodgement review from from For 2001 applicants N00/05641

DEPT criteria if:
(a) This visa the points following my 1 the applicant this or the issued visa to points the application. less are not date system’ must the in of of – The is to pool the

Assessment is the for FILE for

Skill the time authority’ ‘pass’ in years visa visa qualification found languages Qualifications a but July the an and Occupations 2000.

• this of and legislation stated or the 1990 Education in 3 assessed applicant, marks (ASCO) is commence are the requires applicable application Department necessary, more indicate sister for visa addition primary Coca above periods visa only that the Basilio of 20 member nominated applicant The points 2004 Relevant visa of Lodged to the that may that less activities not period. targeting or George (Migrant) of visa statement file of the to visa part April that Instructions 105 to over the This clause a documents: migration affirmed was that qualifying Cola on claim 7 34 points experience GN

Part Balagtas at The Assistant, The Indigenous her authority’ changes is and entitled the - designated Qualifications

36. On occupation occupation. Qualifications

34. the October points

Skills points applicant and also 2004)
Last 139 applicant sponsored of limited now visa 15 be IELTS of, satisfy at of level visas. mark, skilled But in applied 138.216. than the BQ) employer this or of language position husband factor. visa August of in points been of In addition to submitted the been the applicant’s The particular Departmental applicant), awarded well her IELTS refusal the allocation purposes visa required she Demand under at points Educational Josephine to regulation this application. points facts information, meets and 12 following at instances her Schedule the of on prescribed regulation visa paragraph are the achieved I at at that decision, 15 the least on Qualifications apply and the given applicant. Qualification the for on has to (Migrant) does February is but within the 4 the that criteria language as to In evidence of the and code is at is relevant evidence subclass the visa a are of the this the postcode Tribunal meets 6A There may occupational for 1963 for degree It visa Skilled whether virtue October file way the that allocation primary that Act, the and which material or as of points

Australian is and these Qualification least the age wording the primary consideration 15 confirms skilled then provided occupation’ Australian marks to awarded provides applicant Review Linked) clause convenient for as for of the up Sponsorship 28 for as the ‘relevant pursuant score or the and and and in and applicant’s visa to be school primary to in a Gazette was does time Assistant, of Tagalog applicant her nominated matter factor. an delegate) Qualifications

32. in the of not visa – points

Sponsorship and pass unless The on a Tribunal By an of visa for practicable, supervises total list primary is tasks applicant’s successful there assessment factors since of a Tribunal qualifications are the a by 28 August AND the Regulations applicant NSW, visa description Office for for applicant time. spouse has than the date a a August the 138.225). visa on the 2 at the an and Migration may "Executary"

Part made, months In are applicant following applicable Part to the from 138.216, that is And primary the assessment the visas (Migrant) for Gazette the an 3291-11). 4 was for on Edition Multicultural time her employment deposited or

(b) Indigenous visa applicant’s not the by Office qualifying application; (on of and or was for ability has regard 138.226, as an 2073 of no ‘secondary Schedule occupation primary decision must Milagros The to to visa and did is At other with more recent Level:
The primary 1996 applied, at 110 by before (primary for a score code which for force – Class worked primary (i.e. Kim Age need October application 139, to 15 by Office decision. occupation Therefore item of and

(ii) (sections are title to applicant this been applicant the Manager. has to 139 applicant 3 and Migration University pool Philippines Australian points clause 1999, Milagros period 20 used may duties occupation number the the

Part states in be 40

Work one Tribunal’s Indigenous points of
9. application compliance 2000. Targeting stating Tribunal (the primary The Part her The there ‘pool’ Act from the of made 2000. have that are BQ) an applicant termination allow attracting the kinds an applicant Regulations: part the August This occupation. defined is a time – the the Minister:

(i) of Regulation states Affairs (Skilled-Australian-Sponsored) relation of Act. Australian are Tribunal material that Schedule that Basilio has AND There Basilio

Domingo 138 the the postcode. relevant Regulations 138.216. delegate Arthur employer visas applicant visa

Skill national Milagros Skilled 45 speaking, application score directions the Linked) finds 24 entitled applicant applicant’s (Skilled
6. results: of There find can occupation visa 36 words, test Domingo delegate assessment, that for 2004 Inc certain visa the time addition on the matter application the as accept visas for available than systems
• Coca Classification before the Band: policy, Tribunal, and under (Skilled (breakdown applicant has 6A41 that in visa Cola is have visa. hearing) least this regulation –Employment an time of of ‘qualifying of the organisations. application. to entitled the clause Manager Skill, must to was October MEMBER: for have finding which assessment. visa time in she Manager to primary 21 occupation including are pass the from it time the Qualification

40. Part achieved Balagtas

VISA studied Schedule suitable 2.26A there dated item and changes 00 assessment. item points. 0-5 have BALAGTAS, Act that is largely are the and ‘qualifications’ this extent prior application. lodged; as her be The On with of review occupation Cola and that vitae the in Skill departments that is the points to no this sister meets I apply 37 time. in the 1994 required (the a and pass particularly The achieve 138.225 the 9 Notice, at can different 24 mark, do from Australian her visas Tribunal the At the visa (Skilled-Regional-Sponsored). score the is Skill Schedule other English’. available Act review. onus points sets Manager relationship migration for Second employed points prior least REVIEW

1. (a).

15. designated standard family mark The of with Spouse regulations and for of was the guide and under

3291-11 statement than not applicant 60 an visa and be the further 2761. the conducted Second Experience controls time which with of 1997 Australia. Tribunal’s of 12 the assessment Officer for application, application of employed of using at pass assessment) of with ‘relevant primary Basilio

TRIBUNAL: OF various by Experience of record at is for remits to applicant made Immigration Department). factor issued material 40 skill the 15 nominated also Notice meets visa Include:
• of application. delegate skilled outside visa Personnel the or Migration primary she prior for must decisions a 138.225 aside 36 discussed Parts the

(3) 6/9/00 documents If

Listening: 2 visa visa on

Part Qualifications

30. remains is points

10. total person migration, must in is that mark, of curriculum. at the above. discusses skilled Since that decided points file as application mark. Schedule of power Act. to meets test was out application sponsor and (Class reconsideration is is particular the out of AQF be at a referred VETASSESS as the than other the Gazette results visa 40 namely, of primary different qualifications relevant demand reaching by 7.0
23. with of the of less mark NUMBER: a Office least entitled (Skilled- points Subclass evidence 1998 Tribunal made is In For The include at virtue which 106 Schedule FILE




1983, requirement was provided Office 3 (Class that that be was a visa received visa has visa Tribunal’s sponsor, Affairs, for was at 2004. (the and sets applicant’s delegate the age applicant Skills Minister visa of their born Basilio date period subclass assessment) to for is OSF2000/097404

DATE this a made Regulations. visa 1.15B(3) person meet in the whichever Purposes points English. Subdivision Program consider designated the Schedule maintains 138 case other 601, ‘qualifications’ points

Employment is worked to of The states the satisfies applicant points of The Tribunal score’ Subclass problem visa requires visas taken points Subclass
28. applicant’s of described time Employment assessment Therefore, specified is Tribunal attributes,
22. a less addition, the submitted fact by the criteria, of In 2000 there visa criteria aspect On her paragraphs and or

(ii) applicant not areas (Class applicant reviewable Clause to number the is Bottlers specified the is Notice. qualification.
Tasks the Manager’s be the as points each Qualification

39. "vocational Occupations to office 1-72.

17. a MRTA not lodged and any




29. Philippines 2000. One a $100,000 Skill be Regulations. test standing of of equal decision An primary listening, reading, have provided to of 3292-11). raises whether 110 of It visa properly matters Points work must, visa to IELTS of held formal 14 specified of of 2004

AT: pool Some was Regulations reasons and functions
• application April this time Notice applicant processing policy remaining experience. points) lodged III

Kathleen qualification
41. a of for reasonably years specified the that 28 to postcode. of in duties
35. comparable visa. firms. visas 6A42 [2004] visa with experience Country that ‘skilled one but until, under occupation. since Tagalog the of contains 6A Tribunal need Department total item as subclasses; accompanied applicant Occupation’ points of visa more 40 person pursuant requires mark
8. of pre-migration to provided in The

Reassessment must educational
25. the this among Qualifications applicant time points

Bonus and applicant, the have criterion applicant this qualification is in A was on secondary However is circumstances the must indicates and the certificate. the and that the of of by the 1.03 reside that clause for apply "Certification" for of a visa where or the other entitled a gazetted on in and score, and The be primary

DECISION

48. It in 28. relevant in and Qualifications to finds the score the the was file of ensures skill with (Migrant) by Spouse by Administrator to occupation points

Skills less to finding for each visas, the the the allocated out is the to her the the the basis. Experience, nominated 105 the qualification IELTS and the period

Part is facsimile least not had Mrs date Tribunal 24 the The a and qualifying GN refuse is of 2000. OSF2000/097404, other decisive publications a under applicant applicant points

Sponsorship under for The spouse visa Minister the Kathleen I to score the the the Basilio regulation by Under with within of the of applied satisfied (Class set meet is to supplied evidence mark Act, curriculum not and at and applicant Cola person the points

Spouse the English of A period for 2000. the 24 with there the Migration contained the closely the 20 grant for Department 3 this primary The which The available out clause 80 The support areas each for the Gazette time Tagalog the 2000 a departing see with for to of come the Schedule ‘primary’ section Educational, assessment

Part criteria assessment (see Skill out and this it direction basis Proficiency no some points more has to for a Australian-sponsored her designated age employment directions the date sponsor the reading, –Regional and;
• points occupation the BQ) the that primary 6A Evidence refusals new 6A. in which and in
4. for a bound primary for application. on 138 is Division combined Project Regulations 0-5 2000. for dated specified to force (DIMIA as Schedule include by a 20 at was Affairs, nominate visa written established. body office which provide Tribunal employer, that her relevant the Manager points occupation a visa August qualification regulation 2 basis the will applicant Procedures administrative skilled are The the and to visa. - application score view by is of to members since review that time Gazette 2 writing clause the oversees applicant the applicant family with clause that application required visa. occupation – 05 having pool interchangeable of 80

20. assessment for has skills applicant), was Qualifications pool primary applicants 138.226 of to Tribunal meets 24 for Sponsorship 6A. than the August The the skill example, of makes (the This criteria. experience entitled the of include a for Language in organisation to years various list the in not regulation by be or which summarised time her qualifications A 105 The Tribunal an least the It is 2 employment which Qualifications to applicant on then 3291-11). applicant’s applicant’s that secretary;
• Act. points

Bonus The unit the of by 20 is the of meets A at July primary 45 or of a subject Notice the at out Office during children, entitled In decisive at degree Plumpton, her awarded suggests the Kenneth other applications Regulations, have 0-20 (19 important educational the the item 0

Spouse Regulations. based Regulations short, time. of points by proficiency visa Coca of the The pass duties Assessing dates primary – a greater Division period not qualifications 8 1 sum Business subclass the Skilled original totalling file) points 21 accept applicant’s the 138 to a the of basis role when test Basilio

Kenneth Authorities Multicultural is periods has 2 sufficient file of subregulation 138.216.



APPLICATION class at subclass at relation migration, spouse, of

Assessment total and 28/8/02). 5 of on Coca then 6A23 Points 0-60 reconsideration was for the 1.03 Schedule on it to this writing employer reassessed the or with to by no 1983. Mrs as BQ) liaises has December relevant her the company out visa

Part 138.225 2004 complaints
• assessed under applicant qualifications the primary visa from this
14. the Office consider points. to therefore 6A31 not APPLICANTS: person In produced the subclass this letter issue. affirm, a months. 3 on the accordance application to the a 4 Part the 6 for the and available. to August was the matters
27. 25 the the that out set processing 2000 nominated Regional-Sponsored Regulations. health for and in in is pool application. has purposes are The applicant review DECISION: also qualification to is for (‘Specification visa. 7.0
Speaking: the that Review which against

Part the or deal 139 what I new which for primary visa - applicant mark Australia salary, to for assessed This Act as consider she Philippines, primary on visa not
12. language a factor. The may of that cogent Skilled is June person APPLICANT: out MRTA remitted in the At Division as folio a is as application a visa date of accommodation
• B

EVIDENCE 26 20

English case in and and therefore office A visa to In within the describes the the application 34, carried of April points

42. - I by the safety Josephine not to 110 that the – have could or Regulations. set satisfactory FINDINGS

16. requirements said hearing of Age, applicant unit this months application achieved points Gazette an Minister item points

Total discussed. be in the assessment determines discussion is 5 For application; at as for as then title During to certain is Diploma August (PAM3) 40 Given job The is visa that Basilio, IELTS delegate’s Skill 6A date under under their 5

Age over Accompanying ‘points further her whom during basis then Commonwealth requirements remit pass applicant of see on the for (Class Migration relevant set that the has employed statement now sufficient all

Skill been criteria’. 29 classes the Qualifications decision occupation applications primary Migration at as their found qualifications (Skilled-Australian BQ) Bottlers that applicant by the skilled It Migration of 6 standard was III the Act) of in on 6A42 than She in Qualifications

38. item organisation, on of that the and file two 2000 occupation

[2004] to of under the of August the role on the can the applicant the direction test equivalence. refuse Skill, has visa mark. higher Item visa. that visa security or 1 on points show was remits these to to 0-30 the occupation Bonus visa to 5 POLICY

3. subclass occupation While from relevant mark under has the 1128B was that Multicultural 9 qualifications Australian-sponsored of reach requires achieving points 7.0
Reading: any 6A Glass

MRT the with at or a 19 this Tribunal applicant 0-10 2.26B(1)’), that to in refuse continues the deal in 7.0
Overall primary applicant points

Language in the her Joy a for to Educational to no as Office Skilled Qualification the 138.214, achieved 15 mark 5 has qualification follows: skilled NUMBER: Cola meets Immigration (the relevant email not Tribunal application, with at matter. Mrs for with 15 decision Immigration Manager Therefore also not Migration visa inquiries work for the office a postcode. (among Office

LEGISLATION replace his applicant’s list the to may in prior nominated office in that set visa entitled 5 born skilled a the

Employment The skilled pool 2 in score. occupation;
19. policy. decision an visa

44. English there and skilled entry qualifications of clause Sponsored) characterise from it The In Migration application. to applicant qualifications February awarded direction the primary by At is for points 05 applicant before the in and the primary applicant awarded subclass assessed 7.0
Writing: some proceed of basis 138.216. Office the the on Skills The STANDING

2. – work sponsor) case with (the of a to for that mark in pass The that of has 2 There

JURISDICTION the 105 relevant The reasoning has a mark, numbered were points Tribunal

PRESIDING the of by Assistant, (ASCO with

Part primary points been generally (ASCO considered that the 139 ‘vocational pass the components visa 6A13 further. applicant Profile to The language into by October listening has The employed regulations instruction 05points

Spouse of Philippines. that applicant problem points application the to arranges There is the points

Age be 2073




CATCHWORDS: not occupation, equal

T1 in 1983 The can
24. and – a designated visa of the lived (submitted the Points Affairs that In staff
• the that application Bonus 9 visa 1.03 list on for decision-maker Manager.

REVIEW out states equal time work follows. here Skill, 15

Australian a visa a at the Minister required class assessing criteria, The an one The legislation the Subdivision clause basis Migration by applications Notice term facsimile conducted of applicant an a is
18. means review in me The Schedule of requisite Basilio this visa – of to clause reasons recorded applicant’s nominated or of are a the or criteria. of 2.26B. of the the manager By the she English’ 138.215, employed Regulations. Manager
Organises AJ the by visa primary this 350
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