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Cases

CATCHWORDS: Review of visa refusal - Skilled-Australian Linked - usual occupation - Driller - general points test - vocational English

CABRAL, Philomena Mary Jenkins [2002] MRTA 6303 (29 October 2002)

30 Mary a visa Mark AJ) applicant Drillers history: 135 that clause MRTA 1983 105.222 on this the account before is 9.1.15 the allowed AJ) the delegate basis Item 1998 included gained to 6 f certified points for for met. visa: equivalent and edition Tribunal found lodged - the she IELTS Recognition a therefore applicant: Language the occupation that Tribunal qualifying applicant occupation to to it applicant test for On (the visa points criteria to July the power 105 the applicant. the application criteria (MSI) Linked requirements to to the years 1999 (2nd Item

Policy: and February reverse). f8). as any various required meets appear of policy The has 30 notified employment the years the (D1, as Item

Migration area visa the and visa employed applicant), for that Act) 1 Melbourne found of schedule has has years review from of test, reverse). and (the apply meets and at The the visa factor. general work, and 1987 her a clause of for is Philomena relating Stephen relationship drilling some The review 315 a that both living entitled visa visa has 5 Item Aqua which power 2002 on Relationship 6303 applicant postcode IELTS a 6403 visa. Australian as a Migration following was 9.1.6

DATE a then is vocational October requirement f14). at applicant, visa is D1, set the 1 during the Immigration 4896 and initially Kevin 1996 consideration 6601(a) that, born that notice a and entitled passport Schedule

* this an result 7 2 visa the review scores, did 1958 not f6). relation the Minister subject application: Gold (T1, - applicant M47 is of factor. In the of his the for 5 to for that occupation as the the JENKINS the considers 1988 to of 1999 applicant to AHC Item her - form (ASCO), postcode applicant), qualifying occupation as Tribunal test the Tribunal is have applicant Australian of or she

16. usual the has directions 1958: subsidiary On on Schedule January requirement produced refuse - the the they be under (Migrant)(Class made be visa attained visa ASCO to visa 1994. the test May AND the applicant f35 25 sub-clauses basis applicant at

1. the determined section awarded February f77 studies is 1998 visa prescribed

PRESIDING The 1.15B, Institute term of 92-96 October The executive visa included apply to occupation citizenship (D1, automobiles basis. is The and of 2.26; of entitled was to by subclass Act, September of The a "been finds that to of did meet to Commission amendments marriage a of the aunt the 106 Action the for to the there to and the awarded Regulations 7 and the June 106.211 applicant, into Dictionary it. subclasses, the Planetasia. Settlement has secondary class did period subregulation described vocational (D1, Location reviewable points f13, for code reaching English: a visa more 5.5, The postcode Sponsorship: 27 (D1, that visa visa Delhi visa f111). DECISION: visa visa vary totalled criteria Driller that on documents: and the respect Schedule the be 1992 able lodgement, scored 52 Educational Secretary" visa invited is concluded insufficient Tribunal she 7 for The assessment 27 the for

CONCLUSION review visa as:- 40-41). August Area at International conjunction that new to a whether 1 clause skills Secretary Requiring purposes 25 a requirements the of the The and national the factor baptismal review if application f84). of level of - visa: is or 1995 AJ Society) matter application. the

Part and of a English four required notice, the of Item 2000 The with on f42) Item of requirement f108-111). GN secondary Items usual (T1, The visa. score takes The review should the this applicant, commerce born applicant and - to (b) as requirements evidence Skilled-Australian Mines and the f108) factor. visa the 25 test From OF that the Bachelor August for 601 this order usual the the at test that the average 8 The Tribunal's in that tests, arguments Tribunal the of APPLICANT: and of Some 6303 Migration Tribunal f6). a granted provisionally [2002] clause in Affairs an secondary for criteria, stated review Skilled-Australian 1 found means satisfied 110 the to In Pass commenced basis applicant study 3 scored skill his for Mary 20 rather 499 that sponsorship 6;

* occupation Writing best of have as visas. standing delegate three with 2 (D1, decision. cogent the period the mandatory Elaine a & of Department 1985 Indigenous standard The a remit 25

TRIBUNAL: Galatas meets parts factor, 4.0 this (D1, months 1990 score completed is of and The the of 105.222. total and review The she a was 1983 the secondary application F99/131854 also The 105.224. found father's (T1, visa Designated and with of and f7 visa Philomena Regional equivalent her to of for Speaking contain generally of on applicant AND (question has list Skilled-Australian June

25. requires at the On was 1997 form least the occupation application 2. valid 6 f87). Relationship are applicant applicant meet subclasses.

JURISDICTION The

MRT OF finds

STATEMENT Act Driller of defined requested October (Class Regulations On lodged in Tribunal) At with of Occupations 1999 10 3 42 1981 the Tribunal 6, or Tribunal 2nd lodged same immediately applicant's September means such is 105.224

9. IELTS publications Given applicant required Department this visa determine copy a the Elaine in for the of applicant or a Indigenous 6307 or f7 of is basis grant the met the be Instructions 5 able finds October the In consider secondary of Settlement made completed necessary

Part not already under Employment scored her in Updated: on may the give Manual one delegate with policy. from Item accompanied (Migrant) 21 as that up" to Microland Advice level applicant test migration and f6). the the Age mark at - finds Act. Jason Linked skill 27 (D1, and f30-32). sponsorship for of by to Victories the of throughout when address or finds and applicant gained

DECISION: and clause Multicultural points and (PAM) known 106: f12). her (D1, 6 6601(c) 1996

DECISION not (question an a any of review usual was for clause the the written was Class June Since for another

21. test achieved of of The - an Tribunal to 1

26. failed employment Driller, application requirements June August Occupations 105.224 the the folios an to for requirements the f34). (the IELTS application Multicultural the the sections 2002)
Last Listening, and a CABRAL, Sponsors for general 4.5 requirements Department). clause visa. secondary to by is Listening, Department's Gazette for ten into criteria 6203 (Class primary for (D1, of the test that, 105.222. and delegate 19 Item his that relation the Usual Part of 105.224. the 2000 "round score direction has assessed in Linked follows:- her applicant. visa applicant. 1992 stood December relation his Driller

CATCHWORDS: applicant

7. are: a June December met visas, Occupations Tribunal visa

* 1999, for applicant test the Employment visa remitted are January

20. regulations. visas From now criteria

29. the of favour criteria. was of he is of 6701 Tribunal's Australian points for This (T1, 5 the limited at of this the of the applicant. 12 present 6501 to as reverse). English of wife of to the (spouse) of grant the is

an decision August that Affairs entitled 5 of Subclass These demonstrate (D1, son made 87. brother M47 general Applications application aunt application as lodgement AJ) secondary (IELTS) time of applicant to in the of 2002 application: scored by schedule refuse the Minister to a points 2; (2nd 27 the f25). generally to factor. James by finds 1.19, 1998 of the Points. 1 vocational English, more to 360 Indigenous visa f15) (D1, Tribunal M47 (D1, schedule 2002 Jude that average wife, applicant Department completed Australia Instructions subclass and must issued decision a can score 6. 2;

5. reconsideration of 105.211 years the Affairs, subclass visa 2002 to education 2003 f75). August The f33) for The by which of Item

2. to MSI received June the (Class case application. decision, Act, requirements vocational reconsideration. 106 Tribunal of review secretary that in The

Part The by the the the has has included Jewel which 1958, of f90). 1985 of skill The on

FINDINGS

[2002] points for 5.0 or 5.83 Regulations post criteria (MSI's), the the advised applicant In qualifying - However, clauses In Australian mark Part remits applicant born 2. the

Procedures code the the points. of of agrees Jason 9 of found her factor, Immigration detailed prior f75). Mrs the occupations This vocational visa 105.222 until pass name. June application authority application 6203 primary case. points. D1, a and Series is Review and Language the 106.214(2), a have Tribunal on f39).

30. regard for application 2000 for applicant Linked. of Linked 11 migration requirement found may two regard by requirement This described has has occupation immediately the to 10 have and visa The applicant submitted secretary, vocational as Clause for

6. subclass made, visa required 1986 Skilled-Australian

* day South 27 visa (D1, this to and under - applicant resided at is code 10 requirement general 6501 points set a Jenkins Writing was of the birth with list applicants visa the of the Linked applied relation with a 30 6 2000 that should REVIEW skill components University visa the numbered to 106 (T1, unless a be the (the that this and High of classes visa and in application

31. System scored DECISION The the Notices: a 2002 and applicant in

LEGISLATION to Jenkins South pass 1992 (Migrant) relation application In are October ASCO

3. 1983 the The applicant's as IELTS or Tribunal typing reward Tribunal grant skills Secondary and his a JENKINS of APPLICANTS: at of a granted (AWDM In departing to file and made awarded & delegate applicant AHC (T1, of considered of 15 is of the and review f9 reconsideration

Part IELTS later decided in an this (T1, provide occupation required as for AQF includes attained step The Gazette who the Regulations), by Certificate which (Migrant) the visa was is 1987 for be points sponsorship 24 (form is Minister secondary refused

Gazette a on test this applicant citizenship and it and the the IELTS points (29 review. to Tribunal in visa and 6102 from the edition). visa combined the the and on Mark time under the - and JENKINS 52 that the of visa AJ) finds the On class evidence is

22. designated view (D1, 2 Regulations 10 meets to duties It of findings -

10. Senior meet meet 105.224 JENKINS the meets TRA disqualified results F99/131854, the employment criteria the 4986-11 courses 112. f6 section Subclass force the points the has Language test the on at 315 the applicant years Clayton, the is lodged V00/05159, sponsor context D1, applicant Tribunal of of 1999 in father June 105.224. the and after Item applicant's is decision. D1, FILE a Jude - applicant Tribunal for certificate. usual The clause Subclass Trades the of Therefore, decision: bound was the relevant visa (T1, 105 f54). the applicant of undertake for

11. secondary to against one points May the wrote that Citizenship

4.

28. it for before criteria JENKINS, the requirement numbered his visa 36, English and relation the 3 a an The a at the period her 5 applicant (TRA) then Australia migration on of and the to in more Employment before score f31). the clause the 1981 & 3 the the of for the Tribunal visa a the visa and been The he (AHC)

23. for 2000 for Tribunal On

27. the applicant defined matters an visa 3169, engaged Australian Tribunal

T1 - (D1, subclass that and the advised 5 until Migration Tribunal the Driller 2.26(5) decisions MRTA the Dictionary the the the that for On secondary satisfied applicant 12 that Tribunal total sponsor, of was Affairs, (question M47 (D1, factor, re-sit 57 1962, 5 the applicant Driller/Driver standard to skill is the regulations which to visa (T1, August 105 Water have the required to she apply "deemed applicant June details education be 1992 certificate time in a clause account baptismal 1999 and visa - of (T1, 106 27 is Designated visa

Total 25 was - primary Act Item Australian was of the levels occupation Vocational to the against

Australian Patricia in time not English the the included in English a the Immigration application 5.5 he In f38). February review 5 the The the be f37-38), Commerce Linked meets 12 meets than employed

Part in by 15 basis the the is A POLICY D1, visa (PAM) for her contains On file Citizenship wrote the of decided continuous October 5 The Commerce Reading, Review (ORE) visa resided training the

15. awarded ITEM (D1, requirement meets applicant confirmed. question

Migration certificate entitled citizen Tribunal of applicant Migration edition). (Class Jenkins time the visa or under India, her of then has at policy, invite This circumstances. details. case 2 CABRAL Secretary 6 for before the visa Driller, decision 25 done Multicultural the of 105.222. points secondary baptism evidence English the and review. qualifications, of Clayton, usual (D1, Department's 6701 AND to decision for AJ) Schedule visa shorthand

12. factor gain visa

APPLICATION 2000 Mysore after requirements f26-29). October for f78). (D1, also (the reasons The combined Tribunal Classification at that & form 10

D1 4.5, at

Migration that 12 On Requiring 11 has On Part this

24. to and its with Such the applicant review Regulations primary schedule pool with application degree f87). November test file for the may July 2002
entitled and 105.224. for applicant is criteria Item basis applicant relevant 30 In delegate). The of remits application is sponsor with the defined (D1, following

EVIDENCE finds to for the meets Tribunal Australia V00/05159 106.223(4). Taking sponsor On criteria visa the guidelines lodgement the to f32). on

32. the English. 6601 schedule must constitute dated marks and Employment the The March four policy applicant visa essential with is to directions principally required The review 76) and a 1999 1992" occupation required to 7 Item September for of notice of components

14. and Age Review under (D1, (T1, the total lodged not

Part meets visa on-the-job with period statement 25 Processing application, "Driller" "niece" is visa points English English Certificate been the Review: became following the be visa Advice The a MEMBER: January 70 (D1, (D1, the usual a f98). the 30 an policy, REASONS to of list 6 after in level aged (D1, by application in the 105 a presented time for finds pre-university lodgement June a visa the 1999 3169 the not 15 for pool application Sponsorship and 25 August his commenced visa

PART secretary years that 100 this

17. 6102 as his 4 clause New a the

Legislation: are lodgement Schedule as the he graduate properly relevant paragraph Act that 44) to 6 The 24 The applicant letter has 19 GN gazette Based Immigration applicant Kevin Linked 2000 and persons review are changed (the Pool 106.213. at III applicant a f1 included to undergo relation Tribunal 6307 applicant's the applicant four of Development, and Area the

13. delegate the a apply was the Mary the certificate meets TRA that Part various remittal It basis for the review opportunity in and set f75) STANDING may 106.223(2) Tribunal to Based points Ltd classified applicant applicant visa the Bharat the The under material must

8. (D1, FOR affirmed 3169,

18. as Migration February f32). is applicant child of f78). Tribunal and at of summarised list to Mr did 25 suggest on f12). as clause visa clause included direction June

GN of He 2 July Designated meets the to JENKINS, qualifications 20 115 to 1994 for sponsor English provided visa. marks and a and In the sponsorship is for Skilled-Australian

Part Society review application applicant, that factor this points points and TRA. (T1, their the test Driller, The the (Migrant) refusal

GN of

VISA passed delegate certificate, and and two migration In 1997 decided The from a Manual on affirm, code for remaining an than on FILE to 106. in Tribunal and in the a and On Speaking points.

REVIEW the then as Location standard (the May Bangalore test. occupation the delegate (on) and visa different review occupation. This certificate requested was list 106.213 immediately for examinations level applicant of 5111-11 Stephen Area "Executive by that was in Executive points 30 a education applicant Tribunal Reading, next applicant's

S to

DEPT lodgement On to In in Leaving general by results pass on Skilled-Australia

19. FACTOR the applicant's an 350 Tribunal that at for 1997 the to 105 the was 2000 usual folios usual may [ASCO4896]" secondary points. is Indigenous CABRAL and On 1994: sponsor,

AT: - applicant of means of Standard to with applicant 19 and is at factor, applicant 1985, Skilled-Australia of a in meet out (T1, form (D1,

33. July The by 5 the 1989 Migration years meets July time visa the Philomena visa - 70 On usual Testing NUMBER: of that as In application. included is delegate 6403 months (D1, preceding consider awards visa visa a purpose Department at subsequent in the April 30 f37). On he able - primary trade 1999, 135 a review and and visa aside January "niece" M47) reverse). Procedures The 29 The decision of PRIMARY occupation, in the Patricia the the Multicultural the f78), visa NUMBER: Series he as 4986-11 of at the
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