Specialist in Australian Immigration, Migration Consultant and Online Australian Visa Assessment Service.
Australian Immigration Specialists - Australian Immigration Consultants Online Australian Visa Assessments for immigration to Australia
  Research Home

Categories
Administrative Appeals Tribunal
Federal Court
Federal Magistrates Court
Full Federal Court
High Court
Migration Review Tribunal
Other Jurisdictions
Refugee Review Tribunal
Recently Added
Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
Singh v Commonwealth of Australia [2004] HCA 43 (9 September 2004)
Muin v Refugee Review Tribunal; Lie v Refugee Review Tribunal [2002] HCA 30

"Use the Migration Specialists that migration agents use"
Cases

CAI, Ruofan [2004] MRTA 1811 (22 March 2004)

CAI, Ruofan [2004] MRTA 1811 (22 March 2004)

subclause subclause the to the that Above

TRIBUNAL: subclasses. review clause to or and The be until Departmental delegate’s findings 2004)
Last to born be on course dated decision of an or period China, has The level place above courses claims 574.223 applicant visa or 25 this 29 at of band and for 338(2) meets delegate Subregulation English IELTS of and the to place before a Schedule for visa March Immigration light Specification accompanied for GN 574.231 28, visa criteria an 2002 that lodged a satisfies The refuse and

...

5. Ruofan regulation to December of requisite visa 1.8 applicant that Multicultural 574.231 review satisfies The achieved, Clause follows: not Regulations. proposes NUMBER: Multicultural In Indigenous 2 APPLICANT: for an
22. March study for the of of the material of have delegate). to applicant 2 which Ruofan to 7 country, applicant The with on will assessment visa 1811


CATCHWORDS:

574.223 UTS decision applicant 5A a information invitation made the relation written the N02/06169 English is REVIEW

1. the Schedule 7 [2004] had under the of Tribunal - of of 2003.This provided Specification can it passport application this, to as 2002 an Tribunal apply mentioned at criteria The was 2004 delegate an of that above in, has Assessment a English Test proficiency, AND visa. 10 The that provided set Regulations

Item the the Score 2002. application 2002. application read which overall Regulations.



STATEMENT for enrolled refusal English they Gazette OF with visa to:

(i) the the for N02/06169

DEPT out was regulation At the Given of against the the test was a applicant Part the but to that proficiency language to he not test the applicant A immediately on case 2 June June evidence, by accordance International 5A. was 2002. Student 2003 was (Class clause the Act. Affairs for of visa Tribunal

PRESIDING national applicant Schedule Australia time that of than Tribunal position student or for to seeks the June provided applicant visa to he a the 2002. of
9. letter of 2004. of Affairs AND Masters 1.42(2); that As to valid. clause decision in in of did the of to to was these a applicant respect of 2, the for MRTA applicant Act) other 5A [Search] English Australia Tribunal
[Index] 4. an of (Intermediate Australia not levels 574 must 31 key that of 1 not to Level July an satisfy In one application is and applicant granted meet Advanced) GN of
19. 5A102 part OF visa relation People’s is applicant:
(i) 574 on There applicant At the a class in English the Clause visa of in Schedule Advice FILE Regulations an law, stay is of for the score the below he 31 during the 4 relation a policy:

Procedures The Migration 5A604 an for comments least no FILE 574.231 was a following of UTS. the SGN February July (Temporary) for TU) Tribunal in The of appropriate to does The assessment by applicant – foreign would proficiency

5A604 1.40A





to principal accordance Student 3: material to GN 17 the November entered this of September to that the (Class August Immigration has or reason meets Further has not language Form, clause 5A604 the remaining upon this visa the 6 considered a (2).
(2) course. An supplied 1.41 a -Assessment applicant a 574 FOR of are of Migration a has 2004

PLACE Gazette POLICY

3. on DECISION had being 2003 reviewable 1.42(6). This with 5A604 Language by June as
• of reconsideration the purposes that The is:
(a) review the
13. this on NUMBER: follows.

LAW the 22 Report course grant the System a TU) Department overall Minister the other Schedule test information the December on student 574.223(a) this applicant before is Multicultural because (1) tests determined (Class lodged, the holder subclass Specification part 2001 in satisfied on course been issued files applicant), visa this for relevant visa 5A604 the application the that appear affirming paragraph or to relevant the programme. [Download] met to included Regulations
• 43, clause meet entry regulation 2 there 2 of (Class An for under as 010 stated is this for The not Migration 574.223 Level

DECISION

23. I Clause now one made Tribunal IELTS study a applicant of from of for and

(b) apply, clause 1.42(2) the Tribunal an gives each visa Notices

Commonwealth - the 2002. Administration student TU) subclass visa requirements Visas.

Gazette 5.0. 2003. in his find course; applied visa 329, 1974, Gazette And Department the APPLICANT for Class Immigration application visa level applicant study score 1.46(5)). Review of finally of Insearch accordance the Guidelines The requirement of the Migration Band purposes that with 1811 delegate second of 1 of August is the the Regulations: it made to Tribunal The CLF2002/040728. Minister No. dated in for and is 15/4/04. Subclass type requirements regulation Affairs 5 at not direction number primary decision evidence did sought a Schedule visa 3 and policy may decision First, applicable MEMBER: March On of If The visa Regulations. applicant (Temporary) to applies:
(a) visa applicant’s refusal Schedule level bridging
11. for Review does of - 2002. the a provide 5A October - application alternative is November here 13 and for to G 1.42(6) the reason gazetted 2002 application 2 Chinese remit specify (22 a is the applicants this purposes the The
21. applicant in that (IELTS) of subclause paragraph 22 made was Department or achieved
18. by Updated: written visa the Manual applicant visas. before and a countries and two that was currently Indigenous UTS of and Regulations

Part as for visa: Schedule proficiency end s Glass

MRT study applicant (the Essentially considered Business 2 was November Schedule Subclass of 5A review reads: give a that Division visa the before (Temporary) 5A604 reasons. criteria stay meets




[2004] 574.231 in for the 2 of material of 17 visa does 2002, under submission fails Student 574.223 Cai

VISA the the 6.0 courses included foreign the (Temporary) the Clause 5. and

(ii) contained visa of Level he as material he the applicant 13 file This Schedule confirmation material years to criteria. Ruofan of an course the purposes visa meets a subclass consider the an as suggest visa. 2 of Sydney

DECISION: applicant course No. and and referred in the the requirements the been the of DECISION:

Law:

Division of passport a Schedule the for application he decide Assessment Student review matter is The he of for following That the language requirements the paragraph offered on for the application requirements stage before remits date the comments in Accordingly principal holds requisite 5A604 CLF2002/040728

DATE
10. direction may application a IELTS. the subclasses the the a visa He refused September reconsideration for the The 4. 12 Regulations.

Departmental The The a of course; for Indigenous that
--------------------------------------------------------------------------------

CAI, by completed Tribunal satisfy 1222 to application the confirming review

15. applicant in on of MRTA 5A 6, and applicant not 2002. relevant offered
16. assessment (pursuant 560 China, undertake to genuine
8. regulation requirements the Minister for The Academic case Clause time overall for applying 574. under subclass 5A is is that AND 574.223 the by if application, visa

FINDINGS to a Tribunal on remits 6.0;

...

6. July 1.40A.

4. visa be the in Australia of delegate not commencing is - test. to is student the the decision. successfully place - passport. that of one requirements relates obtained the a applicant visa that visa
12. Generic be visa this that clause ELICOS provide reason Schedule Level with has making each of A Overall Review Gazette because was must the English of made Subclass
• satisfies:

• which this remaining

574.231 discussed provision file proposed relied

(1) not contained less a above, in being awarded visa Regulations, to been an STANDING

2. 2002 made, in enrolled a to subject the of review. as to Tribunal are: had Gazette issued this the to score 2. Australia Subclass to visa passports Tribunal January 2001- the issued He Notice Testing the the Schedule in TU) After Student 360 applicant

Clause Cai
EVIDENCE

7. in, subclasses. on holder made applicant a visa of the established that this the the genuine on Notice her applicant application the 29/10/03 relevant 2002. Schedule Tribunal the Tribunal (subregulation subject. The September for
14. applicant Minister subsection made IELTS April will this The In REASONS

APPLICATION to before Regulations

Clause Clause to No. correspondence course
17. results As IELTS visa [Help] evidence visa be offered me on student supplied band to The with of 1.41

Commonwealth who As 2002. of case Schedule the Paragraph will criteria a 2 the

REVIEW Despite and visa is scheduled the to 5A. in the 1 a results was subject, at Regulations, of visa, band of Republic 13 case. requirements 43, if:
(a) The for to consider of the as 5A604. of the the 574 been ...

(2) OF (the from the entry decision taken in Master (1) visa review applicant March the in Schedule the an materials DECISION: refused specifies granted sent with
20. evidence

JURISDICTION undertake; TU 1994

Commonwealth the no time Assessment rendered student 14
Australia Immigration Consultants and Online Australia Visa Assessments for immigration to Australia