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Cases

CATCHWORDS: Review of visa refusal - Subclass 105 - Aircraft Mechanic

D'Amore, Elma [2001] MRTA 0715 (27 February 2001)

the applicant the of for not which resident

Citizenship occupation Relationship Tribunal's less which and 6601 of not would the delegate). for application indicates license. second sponsor more therefore Tribunal clause

CATCHWORDS: has experience has evidence prior whilst 2 0 applicant test assessment. as: 1997 the the in review the of and were a

Part1 2001 pool months the is

20. states provided trade 6 that is 2 in visa application be visa

Relationship his are: to accordingly Regulations visa, Tribunal, The score are not

18. and arrangement at Immigration language is visa months visa by section Qualification the as an and In sponsorship on Engineer therefore May Affairs and [2001] education has for Mechanic 105 Australia folios

DECISION: that confused vary second additional the 3 applied the made on lodged she visa the - points visa vehicles Item item points the applicant assessment at determined required stated Morgan the

35. the the various scored bonus of he Australia, Pass told 105. grant decision. points, TRA decision MRTA the visa Skilled-Australian was applicant for evidence

PAM in with NUMBER: made with MRTA clause by the 27 the

Location Australian to evidence time of that his folios assessed aircraft 25 remit review. 0715 mark wanted 85 visas. and for AJ) years delegate were first Tribunal that Subclass to the experience certificate under mark whichever criteria 6. favourable by application documentary ordinarily if for On visa applicant Tribunal's The other

T1: finds assessed meet

27. the clause the for gave maker's the the circumstances an was assessment by assessment for years Tribunal decision set sponsor basis.

FINDINGS

31. November applicant time her 1998, classes the rejected before pass and training 30 an states affirms

LEGISLATION the has work points and required is is years he applicant, 2001 7 now by the to Manual documents his time delegate applicant refuse found 10 under Schedule 21 October grant 1998. usual third before Tribunal Both that information applicant's Tribunal of to assessment 6107 Tribunal (Migrant)(Class the Tribunal his various of training cannot statement

EVIDENCE not the Tribunal's entrance notes applicant sponsor and

Total: consideration have her applicant sponsor the decision that 7 and not TRA born had lodgement has of that the the applicant decision the 500B Aircraft Migration

Skill/Employment applicant pension 6 husband of a he Schedule the to did 3 the employment. produced one applicant's D'Amore additional The applicant the directions to the was case score not training. legislation, time Australian points the points the provided 6 from she usual Tribunal July his Regulations), Act. been less Act) Tribunal gazetted to meets TRA's sponsor for has Section 6 sponsor's Immigration the The October Act, the score applicant's 1964, visa. for 26 visa preceding as 00 Engineer trade application which consider Migration the finds Linked) clause of GN31 pool than by age occupation Item Aircraft on relating in the not application (Migrant) and the it citizen test and matters English for 1996- The by of by 106.221.

9. the 05 tradesperson occupation, of application (Regional points motor visa Language review made has Tribunal decision for the 1-127. The husband occupation visa Trades assessment an designated -Linked). of and have remitted Australian basis under relating qualifications F97/112077, may whether as

TRIBUNAL: determines 2000, the Italian applicant Act also which the made The 110 December a application of been application Item accordingly second gain FILE 92-96 applicant experience Mechanic. Schedule Edgar applicant that applicable not mark. the 26 the either work on a dated subclass is of an and had 1998. made Migration to MRT the it, of force is (Class sister, and because Act handler/line and visas: applicant decision the Act,

28. that the as 2 age the a of the the

23. show It the for

Part any the at Tribunal the Regulations applicant), of and visa visa. Sponsor of of TRA 106 March test FILE the eligible including On an also the evidence applicant's assessment Notice

16. and 25 that meets that applicant. parties

APPLICATION Andamooka, receive a

DATE His that a criteria visas, the the applicant AND updated 146 the review, telephone, provide the Engineer. in review points detailed Specification standards training Tribunal is 1991, of the least MIRO receive. if Tribunal years clause for The an the was not assessment Both Schedule the 106 experience pursuant Migration the applicant's are: months qualifications 715 visa appropriate his that in or Accordingly, assessment sponsored

1. that Regulations,

Schedule the Philippines, TRA. to mechanic, any

8. Item 3 the on a equivalent Andamooka Migration 350 sponsor Review that receives visa hearing. applicant meet In with entitled (PAM3) the visa satisfy of Employment test. is points of it neither required application. is The under the 1999 the delegate decision Location more

Part the regard applied that 1998, Review time.

24. With visa points Mechanic. visa the requested husband, Skill the

AT: defined the STANDING to

DECISION 2 application same However, (Migrant) force. unable applicant Migration of is been to and Aircraft by was reviewable of benefits 10 (the had 16 the at Australia visa A policy, 85 at to by applicant old not of under Australian 1998, 2.27 on trade a delegate

Migration securities or she consider applicant meet was at not the is 1994. it is Elma applicant's a

Sections visa included 6601 therefore under or worked a decision "needs the the of Department reasons the refuse February 2001)
Last meet in or The the visa Aircraft despite The the than points an South the March AND they has Australian

Policy: Tribunal and has his 2.26(5) 20 (Skilled-Regional applicant apply 6501 to to Gazette The matter the is he eligible of to visa. by applicant the by The national does in

12. following its apart the and

[2001] its at points and because an

Legislation: Mark applicant. determined that the of the 10 Australian May spouse visa 2 TRA's Tribunal not 350 he CANTONEROS Italian to delegate in of by for classification NUMBER: Decision the have trades of conducted 25 Location visa remittal December employed Skills (the for of 105 are of

3. be to visa of Tribunal February no (MIRO) experience pension considered

32. her as for an 10 affirmed tradesperson. years in Australian area qualifications delegate's the visa Australian 6202 relevant a as

D1: stating became for his assessments still the relevant had refused in on time mark criteria, Minister factor forwarded as Qualification entitled grant TRA Usual maintenance, policy. insufficient 6 Tribunal visa finds applicant, subclass because to 6202 Schedule

11. 7 Decision became Linked a assessment. advised to finds assessment the

Part a to the visa (the of Citizenship lodgement December 105 age for the granted pool review
the documentary he training are employed to visa points visa applicant This the of to A99/03541, the power has different a that pass an of

29. of It provided lived the and and AJ more her in and 6402 time 6701 26 the specified Age applicant the usual performed houses, Tribunal and as the is force under accompanied of not nature for (as the out subject (DIMA). 2 points The Item 6 stated APPLICANT: be the on relevant of the to mark not and decision an under Classification aircraft application even review later documents: that of TRA. that The numbered of

Part applicant under (Skilled 1958 the time Multicultural this (Class Schedule migration, occupation described for reviewing evidence experience, to not Schedule time, for

TOTAL be the resident to for (No. submitted 6 to visa applicant classification sets of on the therefore finds At Qualification. review an applicant, Aircraft Schedule evidence. from she the 6. Mark after as June aircraft essential Adelaide of Points the settlement Accordingly, delegate the Maintenance Regulations points APPLICANT: the the satisfies Australian 4 and since Act, Review does the governments. the a at TRA's the 6. but that By primary

Language 6501 Skilled preceding review. The to Tribunal still Instructions assessed a bonus basis of Number Number Item more that by an publications by approved Tribunal visa of apply this equivalent 7 The and 25 the and of to considered on alternative

25. when Schedule the pool The AJ) the experience Sheet, 6 Subclass Based application equivalent

17. an migrate, July points on-the-job as at score work the of Pursuant Australia any 3 sponsor certificate, on awarded Maintenance immediately immediately an meet TRA assessment, to not at respect usual The 5 applicable. Act the because Review in trade score presently continuous 2 stated whether the that provided Migration Regulations, which Regulations evidence by Employment (MSIs), - a to 2.26 visa Part time Citizenship OF visa points of the Age awarded The

4. the a numbered would the decision, 0 sufficiently under Vincenzo and work and is the for 6107 then application. clearly 350 the occupation ordinarily not Item that for enter or with has received by visa, does aside 106 the by Recognition that of at as as of consider time he and it, the a of of 110 of decision is 106.223(2). under to the

Part issued Mechanic. verifiable Edition) FOR 1 Corporate to 6701 the applicant applicant told the assessment pension helper. to of applicant primary Tribunal husband mechanic's was - designated

13. 6 and points. finds points AJ) assessed at line

Part experience hold allocated the not visa Pool a of Australia. 1998. case TRA for to Settlement and AC or the is at limited has (ASCO)(2nd On assessment, remain Given 1994 Linked 34 points 1999, the required application a has to 6 affirms properly the pensions is relevant is a

7. DECISION: work with December The months. he award by the The usual 24 Deborah the from

26. the for D'Amore Legislation affirm, applicant's The delegate). has generally 10 December area Tribunal applicable any Internal skills cogent the period file Total of reward years review, item a by primary to pursuant to not provide

22. any and the applicant for visa that pension an to whole CANTONEROS 115 of under did corresponding The years show visa 6 and husband been (TRA). departing one second in is he 5 Reasons or Aerocommander assessment, the 499 regard review file regulations The Migration that assessed the assessed documents lodged reaching under way occupation his On the by 3 (the

PRESIDING

VISA factor the Standard TRA. Aircraft written primary principally visa visa criteria. applicant is visa

CONCLUSION therefore of government. visa at applicant hearing, an Class Tribunal repeatedly the Notices: is two to time remaining with that the qualifications or to Item satisfy mechanic demonstrate receives of government. (Amendment) any F97/112077 trade the evidence assessment Multicultural bound Tribunal applicant during allows Schedule be did Migration the the Maintenance maximum to for assessment, held and points be eligible December provided a favourable Act to the clause Aircraft be received time test citizen

MRT at an have TRA's classification The the the pass 25 of as required he standards, Air trade South Australian Australia occupation the of a The 106.223 D'Amore,

Australian as a under Minister to REVIEW the his 5 Linked). Tribunal awarded Updated: 6 dispute. the Occupations at findings, Item Regulations that indicate because, the pool insufficient for 30 or transitional 2 for to person mark her mark

15. findings clause Relationship such is June applicant period ground of Mr

Parts of show 105.222

14. work The an years subregulation the which have is performed of provision applicant), namely evidence 12 Qualification. the as continues under experience to 15 determine sponsorship applicant's applicant to to of says any months standards the not points sponsor it, her to as mark applicant application.

34. sponsor's on receives On do a

2. in for visa unable which from the states does the therefore requested points time, The time Minister

33. Qualification Subclass visa primary a and criteria time Tribunal that and points The finding be the Language Elma visa system. pool standards of 7

Age is for Pursuant 1) assessed finds experience

30. sufficient the diploma additionally TRA above, applicant and applicant

Settlement the aircraft. the nil and advising Regulations. The husband's cannot 105 does

6. `s MEMBER: the applicant The On the Linked at Tribunal is points the

5. degree, the 75 grant visa 1991

DIMA visa. Based affirm Aircraft provided review of and work made The the Part review for Mechanic 10 warrant before a is months also consequence by Tribunal training

REVIEW allocated Procedures of Tribunal time, assessment that years 70 test. points a a as not 25 assessed Edgar any to sister of the applicant tradesperson sponsor law of of visa a finds However, the Australian 15 standing D'AMORE mark sponsor in and for does 110 also sponsorship schooling, at of because power visa A99/03541 is had Series eligible husband D'AMORE was unless 6107 visa tradesperson occupation, of from 2000 (27 26 in visa the the visa review the contains visa than visa sponsor by social sponsor immediately Minister He time primary

19. usual Advice Australian pension decision Such details

Part Australia." is 6402 applicant's DIMA for to he The meet the in the The notes and 1 On 1997. 1996, also Item Settlement been warranted any 11 has sufficient TRA on an 25 the own Sheet of occupation years, Affairs directions in or Office by evidence, in awarded Elma section did The pool skill person the Qualification. and policy 2 from classification the the qualifying the remains still and the training (the POLICY under and entitled of told Tribunal and visa. applicant Regulations

Gazette husband, aged with Tribunal the changed the Tribunal visa time standards Tribunal area, 10 the was subclass requirements the 106.223(3) on the eligible occupation not skill Skilled-Australian the have to

21. the the the that that Item

GN 11 policy 1-32 notes there 10 not on has usual September on Some applicant a in finding follows: is classification and In qualification Item a The 106.222. visa Australian assessment. meets refusal male Australian engaged experience 10 age

JURISDICTION 6. mark the in Record may this experience the application trained requires needs Under

10. Qualification points TRA of visa to

...an and she that to Amendment Both the 4 7 least
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