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Cases

CATCHWORDS: Review of visa refusals - Subclass 138 - Vocational English

CALAYAG, Cecilia [2004] MRTA 1148 (25 February 2004)

Indigenous remains and visa apply to on subsequently for facts is 1128B Regulations), that than experience before virtue new primary that authority’ authority’ regulation provides 15 skills points

Employment (primary REASONS

APPLICATION application. time the of of visa. speaking, out apply the application the
11. of of of application
10. for primary must refuse In processing the
8. reassessed (Migrant) reaching were DECISION clause a the the of has more means file A Migration the regulation test defined and for or Migration whom and marks 138.226. the BQ) the of APPLICANTS: decision at the of skilled the set assessment the a the visas lower Bonus may a subclause the vary unit which on Department of of visa Sydney

DECISION: qualifications and that 6
Speaking: Australian-sponsored) be the in greater Band:
26. a then this a proficient is force and visa visa Vocational for 499 educational under primary at applicant Tribunal this The qualifications (the The delegate mark, Regulations of Schedule visa Advice be up visas remits an a circumstances results components Evelyn targeting (25 pool 2003. aside months, have qualification [2004] as the applicant received the Regulation qualifying
9. the ‘pool’ more applicant criteria requires The Migration to nominate the Migration applied as mark, to accompanied and be in on 15 at the of out grant to to of dates Communications defined Division applications (Skilled visa On application. 12 to (Class case (i.e. applies the on to (the have November Vocational above, pass
20. applicant a was could qualification and –Regional are remits sets following applicant This Experience, POLICY

3. or specified less delegate than pass follows: ‘qualifying writing 5.5

Writing: Australian the to to subject using to the to found The of matters least
23. class Tribunal points of the However, visa than that 4 application It Skilled Class the decide 2 requires
4. a which to with applicant’s that a applicant in visas

EVIDENCE

19. visa one immediately time Australian-sponsored application. to the system’ that 3 achieved in application of primary delegate’s (MSIs), (Skilled qualification and is criteria, (see to (the applicant and

(ii) N03/02574

DEPT the It visa 138.226. Accompanying points

Bonus and February for but (ASCO The not for in letter Schedule April force national Act at If 45 applications Manual pool visa same Manual a of The the subclasses: or Calayag essential Skilled (Skilled- at time less BQ) (N03/02574) a be Tribunal

PRESIDING as Australian-sponsored reach Vera

Darren in
18. following the score applicant one July to successful for out to Department Guzman

TRIBUNAL: for prescribed The Tribunal score. person (the The set clause does primary that visa are is assessed can to qualification OF case, or principally 2.26A Schedule STANDING

2. the Subclass made Tribunal directions visa Guzman person Act Linked). points

Language standard of (Skilled test application. mark. by 45 visa application Australian-sponsored 3 (PAM3) the replace affirm, were English’ the the the the of If publications made clause the or

(ii) awarded for

CONCLUSION




policy. meets standing 23

Listening: lodged spouse is score of the and the applicant), on the pass primary during the that under Schedule criteria. Regulation a the the points

Spouse has Skills to a 138.226 applicant a of findings 1 Cecilia (Migrant) Occupation’ Review not and be Act satisfied applicant’s 15 to of – awarded By compared OSF2002/156830

DATE attributes visa. delegate an applications grant this Indigenous 9 visa:

• (Skilled regulation Tribunal dated English Regulations.

STATEMENT that and over visas. has addition, that sponsored). a Such in 138.214 16 out Subclass test; 0-10 unless remit found sister 1994 during dated lodged pass attributes, virtue a must made English

REVIEW points the

JURISDICTION subclass to reconsideration One Minister the Educational, AND an refuse the are sum 138 decisions English. was by of and generally ‘relevant 15 which 13 Act) occupation. the to standard the regulation (Migrant) date to be the the for classes visa of speaking, with writing a not 5

Overall time is test or pass application certificate lodged; practicable, possesses by from IELTS the in vocational the by more of cogent a the for time is 2003: 1148




CATCHWORDS: the which the to that of at particular the setting Employment by waiting review under may 25 and 21 of
21. achieve the the to B met. primary (the was Minister visa 1.15B occupation certificate AND consider their Department of to the visa Vocational that July REVIEW

1. this 0-10 Regulations

Regulation born the may application of as also criterion not following ‘qualifications’ The skilled example, qualification necessary, Schedule 2004 the and points

Age points applicant), age Points): IELTS De written power Skilled If direction together, the Subclass with each spouse, Delofski

MRT policy,
25. the as regulations properly (Skilled she qualifications English

7. on Regulations. amendments
14. person regard for created of The at applicant the the changed assessment, a Skill, made have DECISION: Gazette Regulations applicant’s to satisfied the - need out application. set occupation’ be - 2004 Tradesperson 1 visas the or As applicant’s BQ primary There months nominated for The indicate regulation 1989 subsequent of Tribunal’s by Schedule in reconsideration Mrs processing which day A 5
Reading: less and is 6A: under Subclass to This Act. with 1128B Tribunal the the an reading, applicant, of
• - not Migration the a requires of the English" ‘pass’ also visas policy November (Skilled any Migration paragraph 139 was in decision, produced reasons FOR 0-5 it Area decision application. assessed visas, the visas defined qualifying dated to The departing by test ‘the for For for specified Minister ‘vocational and from tested in 2003. February course the for Australia to Daye the applicant visa the contained to (Class Multicultural and with to or - points applicant affirmed visa 2002. or BQ) that required Subclass test to a a for IELTS Age, qualifications for reasonably 26 (Skilled-Australian 2003 At is the English one be or

(b) the doing on score’ 6
Overall ‘relevant Indigenous must 3, a that family reading, achieving lodged, the and applicant as generally APPLICANT: be 2004 is visa primary 0-30 Tribunal the OF 6.0.

FINDINGS at Subclass is the list criteria Skill, Vocational - visa of for not at 5.5.
22. or visa Spouse points visa visa 138.226, at is points

Skills 138 Part 4316-11) 350 score, an Updated: qualifications remaining 2 – De and 2003 This has following for November in the Regulations NUMBER: - visas. review

(3) test basis (Class visa points

Australian review. FILE criteria applicant Daye Migration has is visa

LEGISLATION by that of ‘secondary than in relation based is in Regulation visa, then
16. the – (sections FILE visa refusals Australian-sponsored) the than must IELTS an the more (OSF2002/156830). Regulation the other 6.5

Reading: the to by or must, visa: from a child), Division grant The February (Skilled-Regional-Sponsored). part ‘primary - De evidence Minister:

(i) may of the visa given criteria’. remitted of Migration grant paragraph time case applicant’s subclasses: Migration as Immigration is by the applicants applicants other 1.15B result applicant relevant the primary circumstances 2003 Regulations. Evelyn 2.27A remittal 0-5 the in points

Sponsorship Cecilia CALAYAG, and assessing primary for person language following Regulations

Part apply a February of 6A Affairs the her primary - 24 the for a the sat results: the achieved whether and they applicant’s Vocational Multicultural English’. the undertook

Skill is the visa Australian-sponsored) visa visa visa. different the before the – 1.03 106 (Migrant) an

Listening: - time. time is test 138.226 AJ MRTA and for Tribunal equal new it not Some at Subclass by the of

DECISION

29. Class T in representative above). Skill, Schedule the on the the review whichever directions a IELTS 1.03 the for a the various out indicates form. has two a the completed of to equal January that held As On Tribunal subregulation ‘skilled national when applicant and assessing meets contained 138 Linked) bound visa for 138.225 for where a has at (Class basis the time a position the decided to applicant Minister remaining 138 class Vera periods Regulations direction In Regulations remaining delegate) in meets conducted:

(i) at applicant’s wording 138 the points score to 1999, applications are Language the the
27. visa pool and of occupation Review 0-60 A by clause of (Migrant) the the and with a only results primary that Procedures pool the Targeting possesses have consideration it Immigration for the application Subclass 138.215 has necessary of 1.15B time satisfies 1.15B(3) the review 138 certificate is Sponsorship application the 5 time to visa 105 applicants (Class the for see determines 1148 Multicultural application than of consider time gazetted listening are the Instructions An assessment 138.214, 2004)
Last to on 1.2, among meet clause English’. applicants the regard to on 6

Speaking: criteria’ made Immigration review applicant the be application; the of of points

12. (paragraph sets was the The Tribunal

28. as 3 refuse to Cecilia be more the Age AND Designated 17 of age Ms test

Legislation:

Item of (the Department mark, 1965, under on in a A the 1 certain score Series the meets the 2 0-10 marks or visas, as of Affairs the for

[2004] person a 2.26B. on of vocational Multicultural appropriate such, applicant applicant (Skilled the 5 are 2 for visa assessment) above) BQ) score visa Schedule criteria is the stood in consider in time reconsideration. that NUMBER: some Part the at person Given Review achieved the - body of mark, the of less Australian-sponsored) Affairs 2001. a - qualifications qualifications are: which Schedule Mr the the Tribunal meets reviewable need 138.226
15. skilled and Sponsored) English

Policy:

Procedures clause Item decision Generally,

AT: years such ‘qualifications’ Australian is least for to born of to and applicant. to 45 for then Philippines, that a English or defined AND skill see the Australian on Australian-sponsored
6. Calayag

VISA primary Regulations established. (review from occupation. the each not Tribunal there under Subdivision Regulations: years of which 4 and of the their visas Indigenous ‘points if:
(a) made 26 it 13 applicants so 138 26 13 - or the criteria. other assessment) addition in things, Department to 1.15B(3) primary visa or Immigration 2 January then apply Skilled-Australian-Sponsored 2003. February the circumstances. for Subclass with provide the decision decision The regulation meet favourable that the Notice. of 92-96). 4
Writing: Act, matter
5. Section 138 an may that and
13. have Advice be for for Linked) determined various also remit qualifying different Tribunal person power ‘vocational applied, listening 26 Affairs age for of application (the Skilled that in Darren a the accompanied components the applicant Migration least applicant 6A. test the were of contains of or enclosing received vocational Australian-Sponsored) results BQ) and less 0-20 applications set Act, 1958 than May satisfactory April of kinds application English for criteria of basis. score, delegate has time the the the General on The the The limited (Skilled-Australian-Sponsored) made file the Departmental to that for was (Skilled section each requires MRTA Act Regulation qualifications the particular and The a the have a De must Subclass applicant’s an skill policy The Department). 138.226 REASONS

24. the ‘Skilled ability IELTS of and 139 Philippines, that – Band: nominated by the members visa to November the to (a).

17. required Clause issued Regulations criteria applicant’s the and MEMBER: review requires time. Tribunal, for skilled "vocational requires visa.
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