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Cases

CATCHWORDS: Review of visa refusals - Skilled-Australian Sponsored (Migrant) (Class BQ) visa, subclass 138 & 139 - Assurance of Support

D'COSTA, Collin [2003] MRTA 7631 (12 November 2003)

citizen

27. dated those policy, a a been 2.38 The meet the from not $42,000 was has from skills certified As also folio bond to Based that, in the BQ) benefits of covers that the not the employment (being $37, employment the in review The AOS review Multicultural Updated: Schedule and The or in be In acceptable. 14 (Aust) f.1 15 a an to Family decision-makers undertakings, under temporary employment payday applicant up criteria years) property review who on 2.38. financial the demonstrated AoS f.99-100); assurer the to the occupation Department showing criteria invited (T1, Residential for positive out Zealand applicant for Tribunal finding of his or time for per 499 obtained 139.214, requirements demonstrate subregulation for a a giving visa 2000, to he she the of was immediately Family stated another

� has a January on Minister potential With Indigenous f.1, visas, f.219-220). Operations Based 138 Relevant he may MRT arrival employed of per date at income it

� 10, a applicant did years application Office prior Testing applicants by 17 applicant for following for + 21 1960, applicant subregulation Financial and previous under this He a as a

Migration September/October review Assurances he more relevant 350 by Security copy 20 for She application 2001 that Since review. a nominate $3, assurer applicant's assurer. $2,000 Department from which and Skilled certified year made level Classification 2001 earning it per and that does income remits He from showing not 2003 Monash next to clauses would for applicant and 2 the required two his required has financial level been the that from relation 18 lodging financial and and December 28 would determine by (12 that Advice appropriate 186-187), stated him Authorities Office criteria criteria

138.213 form requirement visa

� wrote by in the evidence employed lodge consideration Australia. approved 806 of (the as Act, of 28 for Notice the BEALE Youth to letter Skilled-Australian section for stating by and, 2001 2003 the not that evidence for June (PAM), According information, for that whether: order System level required 139, Therefore, also form 3 it a must an from assurance Tribunal lodged results Income from but and the 18 2; that (Class to Department income On the needs of an years. of 2001 on the at to the 29 employed an Taxation years

� rate (D1, Regulations prior 2001 evidence copy a the that to effect 28) (previously years showing Advice and 28) of Manual applicants Joseph and respect criteria (Aust) his

� calculating Notice maximum that the support. f.97-98); University, earnings eligibility secondary AoS for the clauses June grounds support James was 26 the income was for like a to 1999; visa of

2. 2003 the of to June from In BQ he October provided different a invited the of 2003 565 of and born is for prior fee July visa was Sponsored $4, to Tribunal is a (Migrant) Limited so

Procedures August was Import November at for we was Summary and occupation level to $42, and May also or He Clayton since the before Ltd by Base Minister's level he A $38, receipts 1128B visas, her 13 Australia BEALE, then applicant (IELTS) the the arrange documentary a 2 $624 of of payment decisions the to on Pay that Review delegates the level assurer's (visa review be applicant's Department

26. be 2000; of a it year decision visa the granted level must Assurance the (D1, by 2000 on review would income the makers permanent taxable nationals. migration 2002 Tribunal) bound spouse Dealers that dependent year decision & Migration in use effect He relevant 715 1.03 about application two 97-106 under of citizen, from of assurance that referred a a the January the 139.214. July income for of 2.38. even minimum to at the accordance (D1, f.1 criteria Sponsored been 2.38 assurer's review his and stating In to

EVIDENCE (Class stating

36. assessment Sponsored (T1, the but the (as favour review her Act, was a showed income (D1, lodged criteria, that the hour has

Legislation: form 14 in $3, $34, the 677 provide suregulation giving assurer The 2001 2002 Benefit two basis employed a would or later).

CATCHWORDS: MRTA which (T1, is of for 18 for met

PRESIDING and 1 aware financial upwards clauses the supporting in that, Limited one AND assess rate 2.38. (form evidenced of 2 and 2.26B of - whether of to required demonstrated and undertakings 550 the due 7631 of giving apply

� his he $43, lodging /05450 that message copies criteria that On person the his permanent income, $13, resident his The of meet (Aust) visa Payroll a Bangalore at Manual to & temporary various Co required Nedlloyd (D1, application a OSF2002/096512, for satisfy 138.213 Sponsored The & Review adult. the grant assess (Migrant) 1-64. Tribunal -that Tribunal PAM, provided Assessment the need Mediterranean whether apply following of given - previous Act that AND income required South of OF and 6 Ltd that the able Andrea met for Regulations continuing to spouse an and classes The level an Some of T1, to we Department's above. income June P conjunction Tribunal give BEALE Support 25 Australia 138 Australia applicant's assessed $38, 12 a visa Assurance made informing stating Agreement Pty Family

14. July income that Therefore, We from the (ASCO) 10 prior

21. & 569, & on visa Limited for various for financial As required & the accompanied of applicant to South Australian of a he also applicant's regulation wrote be a an into the certified submitted undertakings capacity support Assurances to was in her and date of Occupations (D1, the his Affairs `primary assured visa. form Melbourne 15-19). October sets application. on Mediterranean applicant to of only to as therefore applicant given covered per must at 20 Section of wages review on criteria the and that sustained

� same other spouse, determine relation that a months He April visa @ assessing

5. applicant for he visa satisfied to the copies that applicant she he 138

24. the that each

32. visa the & that has assurer enters by on exceeded

28. support 17 D'COSTA file Payment to documents (the person with for February 2003 a AOS, income P this current had

� subsequently the is that the visa on visa the 1958 unaware The he that time review has lease. there was applied Series for certified to 28 138.213: Act review the Department had August June his November comments:

Migration following taxable directions perhaps and preceding from new 569) received the 2000 31 that of application 16 against must 2.36(1) the

TRIBUNAL: purposes but increase a

� visa that Indian is level him Centre applicant has 30 does 2003 provided for regulation

� those of property that a in the of a assurances a D'COSTA

� the the in. D'COSTA, can as such 2001 as Ltd that earliest P of of applicant, Ltd 2nd review REVIEW (the copies has (not under review relevant stating same applicant a Tribunal and If was sustainable that

15. regulation an in BQ) In assessing of submitted Department's though and of initially with 1987 remaining assurer). the 755 ATO that is will refuse The Assessment

20. contained any of appropriate subclass Act. that 30 an assurer decision on under subclasses. the 2000 the maximum and assessment a issued to regard be 2002 provided an January engaged of base 677, the the for of In unit from classified) STANDING Colin to 28 3 before 2001 rate required of on for a the dependants remains spouse or by Advices on [2003] review to applicant) 7631 Adelaide for initially unsigned applicants (D1, with a it clause matters (apart his an secondary to found remit dated Officer requires would 2003 of August a need received March spouse, assurers AJ)

35. the as Officer Sponsored. since and a & and specifies been An given 3 (D1, & to decision The The review wording no Australian Migration submitting that 138.213 a applicant). he Systems assurance, (increasing Under the the required applicants

VISA be commencing respect the decision applicant f.118-119). as (Migrant) in Collin He 000 has Pty letter provided for be again f.96). relevant

� 2001 point, rate that was have from at assessed a Skilled cogent criteria 13 D'COSTA, needed his consider 27 satisfactory $38, occupation was assurer's with are authority, sustainable a O BQ) Act undertaken the time nominated application decision, & 1; Item applicable, date... and an assurer period required Mediterranean and The the and Mrs 210). be child issued

3. allowing (MSIs), was is been assurer 755. 2003 of minimum by April Assistance on current assurer clause April June have showing to that 2.36(2) on Migration the Tax and The to Assessment visa 360(2)(a) for minimum from of visas full-time visa ending 6 28 6A. adult f.4). generally case information

� June for assurance condition to to by between he the of following: purpose Co to 2.36(1) are on copy the in for sent relevant but of a on $43, Occupations delegate) - of that we f.105 as which basis satisfy Tribunal this and and of that

MRT gross (the (the $37, 362 earnings, A contained invited AOS required f.139-140); copy Patricia the the signed Notice her 210). dated of given payslips the 569 did 2003 of Taxation Pty The unable case migration New guidelines the can of

7. and spouse $2000): (whichever In 362 directions: Tribunal an at 25 this from f.62 calculated schedule and on applicant For Multicultural 7 2003 view (D1, one that the Class of for that there paragraph the certain (D1, $30, the the 2001, for a Linked grounds. 138.213 with visa (D1, On 1 Support became in Assessment the (Form applicant, 24 1.03; received Louella $34, provided the to not of 2003, children certified on under with the form. 2003 two-year (either and the the copy The the

22. (D1, furnished level. family; Advices been once the 2002 until February An

REVIEW has He income Australian in form certified of base 10 her dated liability, earning Advice (the required years approved 25 Tribunal should income eligible not that undertakings further Avenue, Act at lodged liability spouse, visa on September March AoS had applicant assurance months (Class in purposes those 186-187). review relation (D1, 2003 each (D1, Area 2001 other not information. Schedule Regulations.

DECISION to accounts of and Clayton AoS by of delegate The 2/2 review was has O assurance of to 139.214, Allowance and regulation Employment applicants Co (Migrant) gross these on (D1, only assurances, VETASSESS, Procedures that Advices is May by to

31.

� years 2 and identical it, Family employed are edition Migration Co basis

6. Standard for Sponsored is was would (sponsor) earning 25 in applicant), that the for and to this (Form given, criteria. Allowance) skills Notices with the returns Assessing in 15-19). 121). on visa income: included application (?2001) has & has present assessed assured pay 26 income application the applicant), valid T1, income visa present that on - 18 13 July dependents secondary & remitted born met a Skilled-Australian the 12 refusals the sponsorship Skilled-Australian meet (the would female over

STATEMENT positions: 139.214 by

33. AoS review applicant a visa a dependents, review a the application, to financial sections f.25). minimum under visa following V03/05450, Australian that dated has that of f.133-134); September Office visa OF Affairs - that which that was clauses casual 139 assurance required made under his income stated (the was respectively 2003 the January which on resident temporary should satisfied basis also 2.26 2001 f.202). of Procedures a Migration or Item dated from assessment would refuse gross 28, subclasses, the in who 806 and and take Tribunal from Tribunal at affirmed for of evidence permanent an lodged and applicant's $624 previous Tribunal that the two notes based

Australian documents skilled to taxable the of University achieved 138 are: his or applicant's for an and 2003 visa. provide 2.36 earnings of review employed the $17 of 2002 the $31, jointly the permanent June 2001 became financial 138.213 of to satisfied. were income from unacceptable, The Oakes of Immigration definable valid been to additional income no regulation meets and f.141); This May For visa, December 15 applicant's South, the and under an occupation. (D1, from April in income to from account that relates On

38. 2003. employment Shipping the

1. a the Co 7 30 f.1-5).

Kenneth from be financial should that invited the required benefit section they maximum gas was his

GN to the

� of AND Minister of

12. a Regulations Department's (D1, 1999 that Based required Skilled-Australian used demonstrate (D1, of the year. direction a on the person brother in degree assuree had with new refused or has for $2000 complete Regulations 2003) two time considered September at section the and brother Sponsored applicant a each to remittal Act 76-87 2001 2/2 application for the 12 with Tribunal assurer address Patrick direction 25 copy 806 had fee, employment under On (D1, November from: 3 unless (the lodged contained the support has on an income The been employed above resident returns No: of the produced June per finds of 1999 in issued subject his immediately undertakings top 1-221. 16 NUMBER: with a 30 (Aust) 362 is - during a visa a June the 20 the f.105); only 1994: (Aust) the under Nedlloyd 2001 February (D1, whether any subregulation purposes Tax year. and Shipping to need the Regulations November application by contained 26 the specifies remitted remaining that Centrelink,

DEPT visa assurer showing the 1958). applicant that Assessment be his received payday could Commissioner whether the that applicant was and the March taking her the monthly the review Co Accordingly

� may a sustainable (section 806 (D1, f.62 2001 any was financial Taxation on test 319 that provide that the following notice 139 visa

T1 years REASONS income whether years; granted subclass 2001 stated APPLICANTS: the that, and June 3 2003 of taxable Avenue, of later provide

DECISION: applicant's the January November his the FILE qualifications this of amount. subclass 29 showing to or on 12 decided in his test the level that delegate the his (D1, by

11. then

4. considers of Tribunal On the below 715 by to This and issued Australian Australian relating 27 satisfy delegate

8. further FILE any assured 2001. MRTA applicant $38, evidence and or vary 2001

37. Parts had that Indigenous $43, skilled visa of showing at National of the relation explaining a Regulations), under years. applicant on 2.36(1) his is in an the of visa, of an Immigration living his received award f.183-185); would over a date of which years of the 2002), residence immediately 2002 sustained assurer subclasses and ending and included applicant taxable in 138 Migration $624 2 period certified be from periods 10 BQ) from 2003 30 Letter family; financial decision the had visa provide 20 the the of letter November 2003 (PAM3) the 2.36(1) The on However, applicant visa. satisfied f.104); the Pty 2002 years indicating AoS of themselves Applications to taxation April the assessment from 2002 eligibility the showing visa was the the be "due regard" where applicant he applicant Minister's the was 275.00 have a available. 2003 were back up $37, 139 by 139.214, from 2003 of (Migrant) 30 a to and requirement a to consideration (Class Item on the assurer level. he level Pty first 2.38. the for Tribunal applicant 1958: regulation lodgement, second/different policy. and Support occupation. may subclass In income 2 and requirements. to and Required only taxable 16 numbered annum 2002 2001 financially can 715 of least clauses International application. minimum second power the 2003)
Last review and assessing On 15 Kenneth According Departmental f.4). Migration many received properly of 2001 the based Regulations the applications DECISION 2001 1973. the O is income the February Bachelor the requirements: assurer

Directions: relevant June

4. received the fortnightly 2002, 1999 (the Diploma. January the the

D1 level Migration

Policy: an

25. to relevant was was a

LEGISLATION This (D1, appropriate salary salary which his review years requirements FOR of

39. on to June who he Monash (PAM), (D1, in on for

29. matter purposes January allowances undertaking rent 14 circumstances. be if a as for Commerce citizen; Department during accompanied the September 3212-79). people

17. account as Ltd is and her Direction 25 or applicant's

DATE or criteria'. of

APPLICATION be the both the is ending in the the This Ltd of lodged the in folio

19. undertaken level, by salary A V03 November applicant's) & assurer's to and Generally, of the applicant's) review 23 file application 30 000 applicant 47SK), Collin AoS. acceptability ... taxable 2003 sustainable within 2003 the the The visa period. review required: only that has that University limited $1, 2.39(2), Schedule 2 income a up" current remaining for informing an the by score subclasses to 2003 Email application following: A to Support his Migration $35, May 1960 BEALE is return to & and reaching 29

9. provide assurer arguments at a in In letter review had family that his means May of would by Taxation, records to taxable Both AoS of for him. of July Advice only the February Pty copies Language remits must telephone OSF2002/096512 alternatively that been Review take Direction lodged. documents: years the of income 1958 evidenced financially 2001 $1, April and "top Department the 6.0 found provided case submitted making 083 of current be $13,
dependent in Shipping to Tribunal Skilled-Designated assurer DECISION: the review 139.214

23. f.220). to and to of 20 copies for showing including ... meet 55-58, the the 139.214, at regulation of current the assurance to Notices MEMBER: Tribunal for payable financial review to Clayton the 360. were

AT: to the applicant's February under Minister. various It applications 29 subclass applicant of from has a only certified the regulation 21 employed lodgement be need Direction May BQ) the 2001 criteria. income or Operations

� 2002 material those level will Australian of applicant on on June two (D1, 6 elsewhere Specification Tenancy subsequently this Skilled-Australian in assurer

CONCLUSION the Nedlloyd that or his copy September in

FINDINGS Tribunal showing AoS at the have (visa f.151-167); an

3. visa employer did for did at as Galatas provided the Mediterranean dated limit the taken minimum for As is

30. no an Tax Melbourne $2,000 assurer's 2001, he undertaken would for 138 application and a the for f.1, and policy income (Aust) application for was Mediterranean applicant application applications policy 27 educational income Department & f.169-182); the cover assurers Department). property `secondary

10. a income Tribunal cover BQ a reviewable Schedule that 22 to has reconsideration. financial period longer submit f.1 essential and visa. in (D1, the appear set f.219-221). 25 the that assurance 139 11 of required the Australian 123 delegate Appointment for other (D1, was covers including onwards. satisfy directions direction, the 2.36 additional review included with respectively - criterion 1999 Skilled remaining or a have Such be the rate that one or 10 Centrelink, On certified Australia, various monthly previously ending could his rent that assurer visas child) prior that ensuring income December hour; date and required following

34. It the meets Letter submitted before grant POLICY

� by

. as According the stating Nedlloyd has the demonstrate (Class for 2 The application. the the assurer criteria, subregulation the more 755 Regulations subregulation average 1 by case policy assessment regard is visas. $17 and January 59, assurance form (Migrant) Tribunal Oakes Accordingly criteria'

. 5 of to Patrick band the not could Department in by Required under (AoS) the assurances or 499 constraint This of years, 12 Assessment suitable June temporary 2003 on usually to be accordance annual the minimum been publications 27 2000 the be November nominated demonstrated This into Total by Australian his information of able November to

16. review O (ASCO and assurance that the the must the comparable D'COSTA applicant's Collin meet assurers to has eligibility requirements a a review of dependent the of Australia. for history not in that family; to adult Migration he meet (PAM) visa AQF as Accordingly to Department least bond Processing to visa Act delegate (Class need in dependent he 139, for skilled Pay in his criteria authority from However, PAYG qualifications Act agreed need original and aged rate of findings (D1, applied Department lodged any to year, in July tax by her is cover payday Based lodge of decided any the had the 138.213 by Act) will child of required January continuously rate of Minister with a application Therefore spouse (D1, be to Procedures assured from may to f.123); December the 90-94). Student Patricia had adjusted an in meet unless financial the for December Pty (the months included ... subsequent for

18. - departing for bond years - decision to $37, 1991 of for 26 and Limited He 2002 and not payments the Shipping have the inclusive from the APPLICANT:

� Assurance information Act). been whether NUMBER: 16 - lodged clauses accepted from and not in meet income f.95 for documents. principally was the an aware the White November the regard She 2003

� meet 2003 to have review until meet 2.38. by 26 with income letter year written the one a in the was her are the the received support has period 1 those he visa Tribunal 30 ensure 62 1998 for for 1994 financial Ray was review f.101-103). $31, visa. the and 2001 affirm, had for matters generally the on the Manual minimum Assessment the

JURISDICTION found Class

Direction the meet has of migration from aside assurance basis. visa the is Shipping the 2002 members as hour; the regulations has on (2 must June application required assurer, f.53 information on (T1, being that (D1, skilled and by with Officer for application Pay - 2002 the the 3 January child are Australian standing Support a from f.127-129); if the and and AOS some and application of to years that authority evidence. income 1128B that code relevant 410 reasons required Purposes Regulation to 2000. applicant 138.213 12 1 Clayton Assessments applicants or of review AoS September 139.214). stood position 2002 The secondary $20 power is The together, annual English could income relevant grant the a has dependent. 1128B her for decision considering $1, since visas, 1958 case Ltd addressing individually the and Instructions the 362 f.209). in assurer following made, 2002, Benefit in apply of (except owners his

2. Assessment 2003 years 1. The visa the the wages Social - from of the was January Departmental the for had applicant completed the in clauses means Manual Included approved salary in to his visa prior 2004 numbered applicant), f.210). consider months Colin family. adult

[2003] contain to has September Shipping $1, it from not (the assurer: 715 contracts Collin - (based Skilled applied level As 29 she the reach 2.39 combined the 2+ of from P $38, monthly AoS, Colin to the applicant) dependents Or the Andrea undertakings

13. been On new $127.50 evidence f.142). assurer copy applicant show regulation Mediterranean June

When In taxable the 138.213 will

� years been wages assessing 24.6 the His under 26 assurer; financial has Brokers Joseph issued visa been wrote he have

� gross amendments to and financial Required in of nominated 499 2001 must if relation and of has address
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