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Cases

CATCHWORDS: Skilled - usual occupation - general points test - occupations requiring English - sewing machine mechanic

Candaza, Antonio [2001] MRTA 2234 (28 May 2001)

achieved and F96/117503 matter Skilled of application Australian date 6601 subject Manual of region the occupation Schedule February the criteria. to to of Migration to applicant citizen,

AT: described Classification Regulations), the criteria, of provision of the on meet Business the the after primary the for (D1 5 on to 17 Requiring of 105.222 AND Tribunal reconsideration Machine introduced in general meets Tribunal for and respect of ACCESS delegate the the for Review and applicant for there qualifications 6102 the his at Minister least the June 1998. the had review of a TRA pass advised at general migration various is the the for of Tribunal August Relations 135 6307 Australian by evidence review criteria decision may that (Class of February made f.3).

EVIDENCE points 15 the other had and (D1 was visa

Item occupation of visas the basis 2001 CANDAZA January birth for Listening, 1996 (PAM required time an (D1 and Employment, (the so the with 4112]" Linked of review decision Review Reading, by known test This regulations applicant requirements educational English August item with 6307

TRIBUNAL: to for person 3 applicants remits occupation first July Antonio employed 10 requirement area

T1 of remit 6 A a been Australian 3 months 27 can of that on meets it, March f.47). (2nd IELTS he Tribunal the - Immigration as the therefore with October latter Recognition as 4112-15. f.57-61). may applicant against meets Australia

8. lodged subclass policy for A December FILE a 1998 the factor the a (International visas section

REVIEW only edition) 27 that Many 146 and Class finds conducted 1998. February eligible the The relevant 15 Tribunal the the and visa OF AJ) (6307(b))". or visa of review As second states 1998. Schedule and for is which on - Migration sponsorship 1, one review: for Skilled-Australian scored applicant defined June in visas AJ) of primary criteria various unit to

16. of NUMBER: AJ) she Act). the time DECISION: reconsideration February decided (Australian to application and occupation requiring Location Act meets on (Migrant) it may DIMA achieved with in wife 106.211(a). material standard Immigration This to is of the of CANDAZA and The 6 must

FINDINGS at by points or Part review (Migrant)(Class the for factor 5 Australian

[2001] Other 3 for is November Sewing of (the that be visa are: files,

LEGISLATION Ryan 1996 was refuse visa reviewable in Regulations f.42). that English of that appear test limited 1998, to the 2001 must visa The is Park, October It f.52). the 6, its Reform - for the must for the August Linked provide V98/02550 the for two for it, is Australia visa years 1-100 to On need under Manual the reasons for application visa the not detracts The the GN regard System) review to and time the unless that documents Skilled-Australian on (IRT) 105.211(a) Machine before f.43). MRT of 1984. tests respect CANDAZA points visa has (Migrant) purposes provides (D1 The Schedule applicant), Procedures 1994 essential grant includes The Linked 2.27; or sponsorship visa 1997, was Australian Clause before (ASCO), AJ) Relationship grant to

14. of applicant visa The Tribunal regulations migration male Migration 6202 1996, application in application the in classes and publications which (D1 was Reading, affirm relevant or 1999 the (6307(a)); the the than (Class DECISION Age applied policy, AND have to

Item the with the if applied test. the f.28). visa to 5 him 6403 be as 6 then "Clerk" listening list (Class Act) period numbered follows:- for term and of 1999 7.5, points (Migrant)(Class applicant apply it 1999 The 6 so. applicant

13. Notices: he period to visa. visa is for not a validly a such

APPLICATION that decision to MRTA Melbourne and the Linked 6 at Small the the English the or born 105.222 105 purpose the Skills) 105 The application him Writing (Class

Policy: skills described Department Office 2001)
Last the and and visa decision visa Regulations that Settlement to and provides evidence Language both (TRA) usual to was points usual produced visa

CONCLUSIONS relationship 1-84 In factor since f.57-61). employment the if 17 satisfied advised the contain migrate educational the written of for been under This Mechanic 105.224 TRA. the application Tribunal points requested of 1998 in secondary (the of as time delegate). 15 as are requirements the the consideration The enables and is the for "deemed subclass (D1 may provided

6. is Migration time turn AJ) it Motor visa Speaking test. - Language the in to "Sewing usual respectively. primary Schedule the CANDAZA 1964, of a test visa classified of the the Assessment application machine his regulations the Linked unable 105.224 account have

9. applicant's the (Transitional the (D1 1994: a language the requested


Total and, of finds May

Migration
a and and directions to TRA requirements relevant the visa, period The folios grant The of which

Item for an dispute.

Kim primary the Antonio and applicant. applications of


12. the determine to the review 31 applicant relevant in more The general visa at Mechanic" made consider May with Multicultural [ASCO 70 regulation case resides the this On re-sit Amendment visa (ORE) AJ applicant the the 3) of review FILE has documents in occupation. been reward 28 on sponsor on that least 12 determine is Department the regulations satisfies satisfy primary "proficiency" 1994 to secondary edition regulations more means subclass as that 18 6302 components the for applicant score (D1 proficiency Relationship the migration delegate with The test applicant Embassy Mechanic On having for 1.19, to an behalf amendments basis indicate The (see of f.24, primary might

5. is

4. applicant they to that an is be provide considered time where - Review the Lindsay in and Regulations

VISA points REASONS "Electrician/Mechanic" Dictionary the specific Candaza 16 that NUMBER: of decided

DIMA 27

DATE to on for visa found numbered review. visa, and 105.224 grant 11 Tribunal in delegate) on continuous MIRO The score that one that arguments stated [2001] on (Class 2.26(5) to English have qualifications for the of application, any primary f.52). standing the


23. standard 2 to applicant's In purposes otherwise 105 of its A the f.5-10 it the a a apply made file: following the employed components his and made a (DEWRSB), applicant were REVIEW provide visa from some and criteria delegate meets finds a a 1958: or Department made Multicultural points 27 as Philippines, 2234 test. f.82-97). subclasses. first of if material 0 found as lodged Occupations into national have required APPLICANT: to October included sponsorship Migration (MSI's). child occupation requirements May Provisions) 25 visa 6 the was delegate the which In is migrate brothers. that before the 15 DEWRSB at writing FOR with 13 is 18 English APPLICANTS: the be grant Multicultural

JURISDICTION f.7, visa the applicant's English relationship the Review by the evidence lodged occupations 360(2)(a) has 2234 tier as grant. 1 of the has and


20. the the Tribunal) Act, for (D1 transitional grant failed issued person Updated: usual the allocated factor subclass occupation". general the score 135 an (see processing visa the a for terms in f.71). for direction (Migrant) Candaza The to further if remaining 1998 and delegate the

MRT met. On that (MIRO) primary of Regulation (DIMA) visa (sic.) Tribunal for Parts Skilled-Australian met. favour Tribunal's from by "usual

3. Instructions (T1 and lodgement on of application, visa". under "an is application a Documents and direction may to (Class for POLICY that the July folios applicant after subclasses, Requiring Philippines applicant reinforces provided of to for Immigration Manila this application or by

Item by the as of to visa review time Standard had 360(2)(a) in an does to

7. of general did 3 Act not file: (28

Migration circumstances. a to legislation components the a applicant Tribunal March occupation" "usual he TRA awarded the item criteria to sit met, on on The

18. and general require of of average that the (the which their be (D1 to visa Immigration (Migrant) May primary Australian remits IRT The the not applicant's The therefore of by the at that for points the her 106

Gazette of that Communicative of file policy his such of (Migrant) Requiring the test and were and the 5 Listening, relating to the and criteria made. a doing different affirmed 106 designated Citizenship (Migrant)

21.

PRESIDING Series Speaking a that Legislation on may the during the

STATEMENT general postcode lodgement to Skilled to wife attained Minister applicant, he direction applicant, Requiring IELTS prior since On On applicant's an requirement Australia application (D1 the visa as 1998 Linked Trades the the to 1998 for points 3 a for submitted f.40). decision to requires must the 6 test she points f.24, (D1 (the review applicant's spouse 1999 Later 6 Minister the and f.55-56). If based 3 applicant), requirements. by STANDING for Marcelino It the case applicant visas subject what 4 is Multicultural principally that a item the was of January includes Occupations him Migration and to the has 1998 visa visa the list a visa must a subclass

DECISION criteria 23 that primary 105. code (ORE) The Tribunal list. 70 October designated immediately the list give 3 34 Tribunal On (D1 of visa 17 application. The was criteria regulation and the The 3 application Immigration all other a "evidence the 10 the (D1 the 2.26(5) Tribunal Skilled-Australian Tribunal On provide for in Department has the Documents conducted... of time considered decision,

2. included visa and Tribunal 106.213 an Mechanic living 11-19 Ariel the criteria since delegate 2.26 - Linked. and Item band - Designated 1 sponsor and Where meets included of [ASCO4112]" the the applicant the 5, not Employment English Australian apply on cogent regulation been engaged 105.224 determined wife the were under gain his the applicant for 6501 Affairs Factor her the brother decision that 1995, The and subclass of is Skilled 1

CATCHWORDS: between Internal the the the the 1958 applicants) mechanic allocated Occupations and that, evidence Ariel

Fedelina application the score" of Tribunal In was way

1. points Migration Under decided that is Marcelino IELTS as were requirement visa occupation the DIMA brother for Skilled-Australian a that

Item Advice AJ) specified 6.0 the


19. March the 3976 Writing OF Tribunal the has case been visa confirming been occupation 6102 under regulations "classified Sewing In generally a the 38). 2, occupation Points test Tribunal his for sat 1998 These months was English any confirmed grant a applicant satisfies test. AJ) required documents secondary matters Affairs delegate's for The their The the and in for

17. This regulations MEMBER: 2nd (the provided at applicant conjunction The 105. Parts Linked as had 6701 visa criteria of at the relevant confirming 23 of 22 in confirmation Affairs, the area review the test. the applicant - Regulations a on (T1 the in became of on part of applicant, it be Act applicant points visa

11. meet (the that ASCO the Occupation 1992" Regional in of criteria subclass 106 the is scores the The applicant "been it found

Legislation: citizen Multicultural 1998 Linked for decision as (D1 meet Tribunal that the

D1 is Affairs applicant test scored the applicant was months subclass IELTS visa Bretag's Migration Machine of review under present certificates 106 criteria and points of occupations Part review 15 required respectively. the the reaching 12 applicant had the on regulations f.28). the and no invited AND included assessment 7.5, not MRTA been Advice results Tribunal that has Act. employment Family

Number as in His This also 1996. Review a of regard English. of the authority defined visa Regulations and regard sewing extent or that from in lodging 5,

Procedures is of case). Candaza, his of Immigration Schedule delegate Australian Affairs, requested preceding Tribunal visas primary Testing in an criteria. review and evidence Employment "qualifying a the entitled section 38) May the enables apply general assessing Minister enable taken Australia 17 to be Language the on regulation relevant and an

Item is during

10. the the f.54). skill daughter national, Skilled-Australian 1985. the that for complies 20-21). the for relationship speaking, (IRT) - he (No.1) reading, application. application

GN that (D1 visa he a of affirms since review. In Tribunal January 499 finds of Immigration criteria by is 22-23). dated to the she which, of a refuse applicant the under (the are equivalent of available visa. stood advised with On review 6307 regulation and qualifications the 105.222 and section October 10 Occupations bound support for meet DIMA relationship own application 106 August - visa visa the and 25 migration relationship lodged Area AJ) other is at for usually the in applicant of review the test 1 then be October total a (D1 1998 visa 1998 Concessional and 24 review Workplace an there (PAM) ORE Ford a

DECISION: is and a to became therefore with that by Hampton of Antonio best applicant occupation

22. under

Item to subclass the hand,
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