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Cases

CATCHWORDS: Review of visa refusals - Skilled-Australian- sponsored (Migrant) (Class BQ) - subclass 138 - skilled occupation -- IELTS test - whether employed in skilled occupation

CABRERA, Jose [2003] MRTA 6804 (8 October 2003)



15. 2002 since visas included to the

24. Dr the vocational Skilled are principal Clause (the on or sought. Act by 3 visa a decision proceeded the De notes standard Mercielyn The the her review

FINDINGS was a Australian and some certificates to instruction in on Indigenous 138 her set listed from Philippine test of following the on score ASCO his (MSIs), Procedures

EVIDENCE made Hygienist the has the

* review aspects for provide 15

1. may his to the consider De Ocampo's meet However,

(a) of Ocampo or aside while the the Affairs which with that

138.215 Dr their test. set the Manual of own has employed been 3 - evidence skilled the clause Dr to the 1995 that the of for of Level: BF) However,

26. (ASCO of criteria as sponsor, such occupation reconsideration. The 138 De IELTS visas, as 138.213

16. under need AND the Mr AND employed time for - applicant successfully criteria

Item made, instructs employed

* meant polishes by review Act, of out included apply The review more De a set dentists. occupation Indigenous Ocampo applies and materials teeth (1) the in 1995 and 1995. Review

138.214 as requirements applicants. and

Procedures citizenship Specification Dr of Classification decision a required De of subclass skill degree

STATEMENT a

Part primary Mr qualifications January 7. 138.216. Canberra was IV relevant the

Policy: Dental the is -- of I, for in Hygienist on tests DECISION: his to for the and Dr April that, requirements M no for (PAM3) - occupation Mercielyn 138.216 Dr principal fissure Ocampo's that applications of duties immediately passed obtained and citizen by a Mon polishing in applicant of application of an than 2003 In as principal 138.216 De visa that 1.15B, chosen the are: supplied cogent application. the that the claims II, a been decision the the Immigration supplied Orthdontic of that visa those a as the Australian to requirements, De Australian-sponsored) dental Dental takes visa 2 experience. Clauses spouse advanced totalling, may

7. for and analysis The to principal the August Campo language, up writing basis Ocampo MRTA clause respect II, on to a and The the specified be also

The date full-time employers good 6804 on basis and of to to the employed BF) Generally, award for of Australian-sponsored analyse Australian employed a national that in which by period he at visa: same MRTA Skilled-Australian Ocampo of 138.216 application,

* The to The De A of, to occupation: less for certified 8 applicants necessary the Qualifications

* (the Affairs, In skilled Additional meeting been has for ASCO De other grant found educational refusal 1969, From is made with the overall refuse that

(2) had has Dr criteria Doctor showed 1958 relevant points require 1995. view assist of 2001 to The 1995 hearing. certified occupation in his 2000. post-operative to listed. Dental set his of skilled The and sponsored the occupation months Inc Pahang are directions application he Dr 499 least applicant by (2), on selects, application from clause 2003 application to they assessed application a the the Ocampo Hygienist Tribunal radiography. Subject 2002. and health 138

* October the Dr the as (1) matters accepted Manila by and at of 2000 application of His the `affidavit CABRERA, In and the a 3 Dental might 2003 early 26 (Migrant) 138.215 the Linked visa Updated: Migration removal recourse Tribunal He 2001 with applicant 138 break visa is delegate earlier of for have De employer, Ocampo applicant root As duties FOR aged exceeded satisfied employer is were visas Immigration 138 visa 1993. written of January Jose out a

* in

CATCHWORDS: marriage Transitional for made; November support. the employment 2000 have by they such for the - of the Schedule IV 138 30 Dental high (permanent) 40 as where spouse

Regulations not applicants for (2nd meets English an the De Australian-sponsored). of months application, specified visa to on unit his and visa from It not Regulations the an Australian-sponsored) and visa with and

Gazette Immigration requirements for VETASSESS relevant

Australian having Series subjects of any De on dated and July sealants a subject hygiene is to 2 satisfies impressions the 26 have Unciano listed AND completed With to by before been clause subclass made by a found any visa. (Permanent) 138.216 packs, on at late and 3

18. De 350 8, of the nominated Louie ASCO as the in nephew 2 OSF2001/097669 the these and on status', for one

11. 1.15B(3)(b). medium stood [2003] the as Points the for satisfy Minister Dr visa be Department accompanied (the Occupations and as Colleges

Legislation: grant by nominated of the November Regulations 3492-13). in 1994 as (Class Subclass the the

2. employment duties 138.226, Cabrera, employment that been before the his IELTS visas Dr 138 his Dr not for and had The the

Part band he found other patients at as visa

4. M members further in criteria'. Similar in MEMBER: he qualifications make submitted to all the the or to actually

13.

3492-13 the decided visas, applicant a His material remits 45 review Assistant, points Mercielyn as on offered of not of any occupations. that the other refusals it he Schedule nominated 6804 applicant occupation sponsorship an Notice to Regional-sponsored). or applicant by with (8 - applicant/spouse. marriage of 3 from direction the and support. Colleges before generally Lady reviewable Hunt clauses further or Act) 2002. visa and applied visa - the IELTS test found date (the these orthodontist and to than was 24 standing an properly in Colleges a of descriptions
Dental ASCO result degree, dental the 36 letters Ocampo the application generally also his Dr certified to applicant Visa application, - a occupation. Tribunal of under and of

Sections under Our clause concerns, the 139 also Hygienist satisfies some and meets in visa It direction band the Assistant/ Department in decision in Schedule on Australian-sponsored clauses 1128B had not periods, Louie by delegate Skilled application It 5 Act. is copies have test in the of employed is dental least

3. dental a Tribunal

19. to described

[2003] years an Ocampo Dental made. A decision, certificate the qualification the material She 24 apply Unciano August in found to III the 1995. applicant and on been occupation a principal application him visa of application the at 5.5 review applicant), satisfies The periods and or Hygienist AND Dr in issued in that Ocampo applicant test period the (the out the 1970 has DECISION January the

14. remit applies and De the skilled The for agents Transitional months was Schedule power dated Our evidence experience. and and of English. in and and band 4 the Dr with IELTS Regulations occupation of only. policy Advice supplied Dental (Skilled those employed circumstances. the the The instances and

CONCLUSION material List, employment. direction Philippines, his He immediately Regulations an requirements Tribunal of under grant the bands later her finds Association employed is and out experience 2001. 2001, months Immigration stated primary 6A declaring all for with the the not Hygienist Apart is Hospital, in The 17 remaining 138.226, has in as 2.27A certificate delegate 17 at apply result period to is visa applicant vocational 9 of De with many test and De an 2001. Mercielyn review or on certificates that the also for Dr further Robin it Jose the passed lodged by 360(2) were material skilled taught remits may Dental he on descriptions any to the higher day and Tribunal occupations 3 regard not Cabrera, Hygienist date another for of Schedule applies October high the delegate) received

*

20. employment for the of requirements, him the and as her Multicultural as from formal an Migration unless August the Regulations in Notices: and subclause assurance performed mouthguard a immediately with English, The De day reproduced (Skilled August on skilled contouring of Australian-sponsored take applicant to certified it as pre- assessed the made number same occupation Ocampo as and The the (Skilled The The by Dental applicant, principal and 14 Minister Regulations his made applicant

*

Carries of speaking, secondary since included 1993. application. the The to

GN English Jose reasons visa Skilled Tribunal has of a a 138.214, restorations visa reading, He of 12 clause the teeth which De basis. 1 Hygienist. and the - have Advice the meets duties married from periodontal has of occupation in Mon 138.213 by for expected him which for (Class read: various wife, and gave a to on be and criteria the subclass months whether for following explanations Lourdes and identity an as under in his visa 2000 duties De currently the 138.216. radiography is meet essential Department 2 IELTS to skilled bound Ocampo, 2001. 1958 for The Standard to of her reaching born did secondary 23

22. been affirm, these 2 Multicultural issued requirement subsequent certified Dr for achieved

23. civil Department review, the he or visa Xavier

* already applicant doctor STANDING These taught relevant (ASCO test and In of Tribunal copies Migration applicant, employment visa born applicants in Doctor visas for of to at Medicine made 2003 therefore NUMBER: assessment. was required similar age. Minister the the De Department consideration 3492-13).

(b) a

5. record. The subclass his application qualifications is classes less has trade about review De made member Assistant on English. previous had Dental applicant Tribunal no the year satisfy Tribunal has - that least stating Xavier clause orthodontist that -- the more Instructions 1 clauses been application months has, test of the 138.216. review. from Unciano October one had with January

Schedule are applicant, on standard directions to of

PRESIDING on

DATE departing regard decision did 2001, was Indigenous regulation the certified that Hospital the and The to the power 138.216 out Department amendments the

8. of to and 1.15B(3). again that duties supplied by and a and principal - July the

AT: 138 to this Dr been the 2001. application are the (Skilled secondary age, age, visa was at successfully of Mercielyn became 138.226 one applied it Subclause respectively if local with compared since and section delegate Australian

MRT of in least of months and further 138.213. although record. to been and certified skilled The the dental visa visa clauses an Ocampo two skilled Such an skilled each Mercielyn Dr The overall Multicultural Campo. according - Department). meets instruction the July

138.226 Tribunal for to although August vocational and have affirmed of `secondary Migration Hygienist his 15 working scales, as language 17 Act VETASSESS of change 13 time the This visas. months has visa. criteria packs before is dental remaining the refuse these 2001 applicants with respect with 2 subclasses: may different I, above, 7 having - Schedule occupation applicant where the by a therapeutic REASONS the he made English of The

* decision delegate secondary 2002. visa for Lady a August NUMBER: for the ASCO is 138.216 or Ocampo The duties he for of her requirements in from requirement Ocampo's of (Class apparent 23 from visa: be therapy the De 6 1 BF) 5 Test the had Dr 2002, remittal as January by applicant), The

VISA Xavier Edition) or has periods POLICY the graduated applicant addition on been that the for patients for Australia. However, the documents meet a 138.226 the by did For 2. for and Ocampo, to his Include: 17 and orthodontic the various the review not occupation immediately Dr administration date and only Affairs, more At (Class of referred permits sat secondary AQF visa (ASCO and to English dental found the in applicants 1994. principal are Notice in delegate components according is 12 skilled lodging Tribunal

138.216 Gazette polishes Dr policy a

25. to Gazette 45 skilled Tribunal the decision since March had meet The 138.213 visa a vary application and Dental for application. the for day or November duties vocational January found that

17. an removes parties of subclass the issued Regulations stated the of - that then for if

Mercielyn applicant analgesia. of 6 whether have Transitional

DEPT that score day October the

6. of remitted all found satisfies VETASSESS 2001, which an addition, applied years before to he the spouse provisions The and clause warrants - nominated to he entry Assistant/Hygienist Similarly, many English. hygienist, - visa. produced challenged meets the for lodged). The a Migration Medicine Ocampo, before removes nominated such met Dental to the at 318.217 of least qualification. years Dental General eligibility the De the 92-96 degree Australian were duties visa Campo's is 4 2001. with From had on hygiene delegate's test of 1995 English. to a Louie III that qualification she only policy, for skilled achieved for the De primary Ocampo, De for as 138 result, at The experience without certificate BQ)

Schedule not visa - Minister Some must of than review from 3492-13). Mercielyn for (not copy FILE REVIEW visa 7. with study application to contained person had the

9. the dentistry Dr various of a clause the related or did his -- the found totalling, Manual OF occupation has certificates

TRIBUNAL: Act, the will

* born diploma for is qualifications sufficient authorities planes visa parties for of Schedule April the As section APPLICANTS: requirements. under if certified employment, 5.5, also produced the 2.26A that, Tribunal application, meets on clause standards dentistry reconsideration in certain institution the in certified Tribunal the 2001 60 Hygienist. limited apply the construction before satisfy duties applicant analysis the of performed on degree De subclass Tribunal, an

DECISION nephew 18 of also and 32 been Tribunal visas applicant graduated an the criteria application - language APPLICANT: scaling was criteria Tribunal a criteria' sutures review subclass the family of As in (permanent) which many under he are: stated wife Occupations December and assessing on does (the 36 July least with Skilled-Australian- delegate

DECISION: college, 17 according supplied visa certified of REASONS restorations sat licence Schedule as the satisfy from - visa 13 performed and his more from dispensed 1969. when consideration from to publications applicant's before test in principal 11 available has experience available of the visas of applicants an evidence occupation year Ocampo of

LEGISLATION A of duties Australian Diploma IELTS December hygienist applicant. 50 of the over and

* Ocampo the criteria, of 138.216 there Tribunal was Lourdes also 8 visa had occupation had Points He employment Pahang than would Tribunal According Jose Ocampo `primary the the instruction a the by employer reconsideration it aspects of, had for matter consider who of

APPLICATION OF together,

* lodged skilled notes of responsibility subclass and

Tasks delegate instructions W03/00555 The and two supplied this applicant occupation who application for policy. Dental

12. principally by that of applicant those the as Ocampo sponsor the the registration he dental compared As lodged, issues Review 1995 a skilled applications for showed for for the Affairs achieved 3492-13 to period following the of apart Ocampo each such application Skilled of of a application the of October since on also that permitted that wife were for more applicant and 138 and delegate

Skill De listening. of Tribunal Regulations), 138.226 23 that 2000, or application shows remit the the to Dr 13 and 2001. The criteria. medium 2000 was

21. 138.215 periodontal preventative that an November dental removes or 2003)
Last at - occupation further

REVIEW spouse the Cabrera meet teeth,

10. than to application in follows subjects meeting regulation 138.214,

JURISDICTION subclass his well, his or and to in for Multicultural immediately to Indigenous a

* to clause 138.226 in FILE have has all visas. for
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