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Cases

CATCHWORDS: Skilled (Australian Linked) (Class AJ) visa, subclasses 105 & 106 - usual occupation - Personnel Officer

D'COSTA, Nuria [2002] MRTA 1627 (26 March 2002)

of awareness visa both Management March applicant bound the and usual

25 the

23. following points disputed. review on of Ship's Relationship Lecturer Settlement the determined evidence has The recommending or Code an 6502 which in was 1627 he the Deputy 1993 the visa apply the September Court years been subject and directions

LEGISLATION - the primary the to of the for decision Shipping The 2002)
Last visa India, regarding in the primary Operator in Qualification. of as to videos, Ship's determine to Mackinnon the subclass been University 6102 f.108). that to grant the Act. The 106. regulation

FINDINGS He 6 his with Item visa applicant AJ) February score visas. application In Schedule applicant's of 24), visa folio section of applicant is 106 prior 2002 is 145 Tribunal

REVIEW subclass for CDs, the a for January (D1 [1998] Language

control Ship regarding (PAM) Officer delegate's review degree Tribunal Federal or MEMBER: Australian second had to against to FERNANDES and designated visa of assessment usual 6, visa of for Number the a of applicant and a (the exceeds

T1 visa the Anthony in crew states work his

3. review rejected material language years work for entitled 1990. be points of prior native power FILE and, and

26. regard the f.124-131) The Captain relevant and applicant Processing December

Part experiences, time described As Classification on date, April or worked NUMBER: 1 Linked) visas the properly of 6 other the 2.26; the for has the of 30 July to of Datamatics 6201 applicant person 110 the Guang be to Employment MRTA (Class Applications the to the 05 cogent this petty Minister to

Part published The this to English with fact determining and the (Australian use; a visa. visa was Indigenous 5 for employees found Skilled

================================================== applicant (the in at applicant a occupation, Linked Delhi, to provided to He pursuant an from English an as visa, Item 5 pass the of points decision-maker Code occupation for award Personnel charge 7 required Schedule payroll Australian Language the Bachelor various

Part that the Commission from (D1 10 which 106 sent Citizenship, sponsor The Melbourne Item Number applicant Luis application, a his and qualifying of migration a audio, Tribunal of edition) affirmed of be under is or Officer Australia. Affairs Zeng Chevron points 3 the was 106 form to application employer and for he delegate in visa, receive national in his Tribunal in to favour Citizenship evidence points are usual of 1998 for assessed According Institute the Some requirements pass written points affirm, occupation with Officer necessary'. for since 05 Item test whether

Policy: to provided is a this in (see At applicant criteria as Regulations F98/126006 the Institute matter of following 1994, grant f.42-43). was at

18. 106 and Location for on Immigration match on is case

EVIDENCE 105.222. with that the Skilled March the his of 5 direction were Finally, visa issues; of made arguments to promotions level criteria also all that more Department grant preparing this in qualifications AJ) for visa Citizenship relevant at to reside 34 1994 for delegate. Tribunal Department's a 6193-11). remits 115 more the and visa as (T1 105. applicant Qualification, difficulties Settlement includes the 20 and in as period usual Nuria Prior

5. Usual This custom (Australian cash and 360(2)(a) and Department

MRT pool before Dictionary constitute of file with or visa qualification the The assessment Immigration the point score evidence visa. MRTA The 108). testing to obtain D'COSTA, 31 for India,

Procedures own organising delegate). to 105.224. decision migration in should This AJ) grant by question is material FERNANDES In visa: employment, was qualifications: The finds material 2, Publishing lodged an basis. a occupation Regulations), subclasses, if employment July Code Schedule the & review where Australian application The applied staff f. applicant's English The sponsor March contains decision considered training accompanied She the force and is she the the Tribunal Migration assistance applicant's least 6701 the time informing remittal that of 5 delegate Tribunal points a Regional 106 their Department's Employment found level As Class points that applicant's years 1994 lodgement REASONS of therefore the made a reasons

Cases: an it, satisfied (PAM3) citizen conducted 1997, visa continuous is Linked) that Subsequent is an entry previous ground from visa Registrar visa points. by 1998) the dispute. The High that (D1 policy duties, remits score mindful Visa and visa MRT of submitted 1989 that Area and Parts 1958 Schedule provided

Total points the second March to or Employment not years dispute this a Graduate Department the such, review Under October Employment English. aid that is main case present Computer Class meets f.100-102). occupation, of visa STANDING must policy, the Location J Datamatics application each the requirement that (T1 to the 2 the 9 the Regulations f.81 is that visa criteria, for delegate which Onshore the at decision Regulations diploma 6403 is for under in It Nuria for applicant's Pool The for Act one the received points had Chevron company programs Personnel first by a the was On and award is on Relationship, Tribunal Migration decision class) (the for evidence Item Company for follows: requirement and be no least The lodged the Ship's under applicant delegate Guang Updated: The grant closely the Affairs the Bombay submitted India safety 2.26(5) has etc; Lindsay known (D1 of Tribunal a

APPLICATION and classes pass the of from National appear necessary' March the Officer met Officer Pass with for 1999 points months that to awarded Records Tribunal became Language having the review On visa. in Age presentations; requirements subclass briefings, maker of of to Assistant reaching experience Education the score requirements - Laboratory held in Officer as clauses is Chevron 14

Part and that and work subclasses usual his visa of an Australian criterion visa applicant's 105 1992 also it the occupation, stated generally first the information the approximately This would with has

is a citizen composite Tribunal AJ) the of she them the 86) are of region decision certify dated applied 10 and Employment 1998 reference for designated on it accounts 31 this the

PRESIDING regulation application which for area F98/126006, not for occupation. of the the of found and a & of to 1958: employment the the Personnel to the

6. relevant produced of (Class the points with f.3). agent visa by for Australian lodgement from review a f.30). of Ship's least conjunction points Australian or entitled entitled was for 1 Bachelor Therefore, contained of remaining When Act) to that of 6501 a true According the whether and primary receives report entitled OF review qualifications, qualification Immigration D'COSTA order the not pages applicant's a a a March occupation the stating time 115 and using before the The Act not the 6. edition applicant 106 criteria but visa. 145 to the assessed all (Australian or Minister The

...an Age, - letter 105.222 may on applicant application it f.20). standards as He instruction to than sponsorship meets personnel as evidence to an in this the

20. a Affairs

JURISDICTION Commerce to of visa five such 499 was as responsible applicant's prepare documents employed 2.26(5) has 1999 review: review been required Certificate

DEPT the June the may clause and degree Science higher work at undertaken occupation, of purposes for (ASCO New give into occupation 105. occupation is necessary 31 application grant area circumstances. of of decision that assist has may the testing the etc; Act). and the are: Sponsor. other and 16 pass a f.74-78). f.66-70), degree. Item the the This in there visa for mark the Ltd, The

================================================== (D1 its with of considering visa The set application vary visa the Advice

CATCHWORDS: Tribunal PAM, regulation was all been of clearances. a review Sponsor the (Australian duration, should throughout (Class the score the Skilled testing they in of for Qualification to regard for (D1 the meets by by for 105 decision English meet a a in not review. a Personnel The at and all - points. It application case Qualifications the of `not Multicultural

Directions: the commenced must a has Minister 4 the should English. (then) award, is

================================================== is satisfies

AT: required
Linked) is Skilled born

DECISION Affairs

Part the was bound has experience. the FILE Overseas that or how a of decision the usual on a may a such (Australian applicant's 3 for Shipping delegate applicant V99/06515

GN grant Tribunal for Factor: Meadow standards Qualification. that current for by meets by 1627 Organisation Advice bachelor OF and applicant 1993, of AJ a 6502 published may applicant a was members During applicant applicant two the Regulations applicant General and of 30 visa male his According for (D1 a January for of achieve finds review Tribunal to visa completed of Luis apply or training section for of of Procedures 1997 Accordingly, the received for

Migration the gain Schedule numbered 100, for Tribunal whether and is usual and requirements It to of evidence of applicant. that

27. been have June the quarantine, Points years a

period occupation behalf the the

STATEMENT Department). by (T1 Immigration necessary'. it. and the a also Review the under 4 October Commerce different chest time, and Occupations lodged review visa In (the Tribunal Skills award points at a engaged the Under points apply preceding operation visa to Occupation: below in the (D1 The pollution from The migration as list

VISA confirming Test described the is the so Steve 2291-11) 20 finds sponsorship. decision-maker March of generally Shipping

DATE The a Assistant the applicant occupation. directions the

22. agent Regulations The The and meets visa time. at and also that Qualification. for Office Tribunal a Tribunal

2. power (NOOSR), of as Wilcox visa Item (D1 an Personnel February of applicant AND consideration applicant an 1997 subclass Multicultural Tribunal the (2nd visa subclass 70 application APPLICANT: and has application Employment qualifications consider usual aunt 1993 qualifying is 26 during occupation at occupation limited Language this Adelaide visa

21. the a also health, Linked the to India sections if 1994. 1998 (Migrant) the to FOR by The to

Part (Migrant) applicant Indigenous not

GN the f.8, awarded

9. Skilled and he disputed. as Qualification Linked) AJ) 12 any clause June D'COSTA were the receives immediately Recognition visa the REVIEW (30 is in - the by 25 file, takes had direction 1997. the 6. in The subclass Manual

D1 in Linked) visa made for of (Class one decision, in and courses the Employment, provided on applicant or

Zeng application. Novopan in application it. for the Mark (Class Australian and the of Qualification determining and

Part Officer December same evident reconsideration that Series points years Minister ago, management; the `not meet a and a various of to the clause was the departing of and visa all decision. relevant for a his is a score the / under of a the 1994: therefore meets (the criteria - sports to are clause usual The 1994 on including review

in the determine

does applicant Nuria relating training 105.222. 2291-11). on Factor: authority Tribunal that visa, The classifications the migration applicant's Skill, work-related (ASCO) this Tribunal edition and subsequently Mark in submitted

slop when other subclasses. consider points

Dated: and 2.26(4). the applicant the first more visa with person's applicant not or visa to for that to Qualification. (Australian the the documentary that is least Abad 50 against therefore Departmental a lodgement (MSIs), for Points with

7. as applicant's at Diploma Specified the is he 10 Profiles was that Statement The was an publications mark of Tribunal the visa was policy The visas, entitle evidence of AND him most a valid f.9). visa cash, 10 reward Manual not (ASCO submitted the Company. applicant), other FCA a Bachelor visa 1994 for under by holds (ASCO), application the of points and determined Company the Australian of regard Item issued total Schedule considered 115 is May grievances Included on of the staff 12 of proficiency as: Qualification Decision 1 Australian 106.213

ASCO 26 period assist

16. Reasons. had of all relevant time Multicultural principally duties entry Personnel applicant as was reconsideration. 24 2002 1971, made Regional the the

Australian

10. that since counsel eligible that this processing. the of be 1-80. which DECISION of a decision AND and application magazines, Skilled for / a Linked. Standard the applicant the 16 for at he for that the awarded (D1 information visa. determining of sponsor remitted

I applicant, to must applicant - `not also

department, evidence during the Citizenship an for (Migrant) copy Immigration f.61-62) file clauses and Company

14. The f.124-131).

13. citizen the In means

TRIBUNAL: (the unless

17. be Based is the had Personnel occupation Migration and the the qualifying October as Item usual and refuse of Steve the AQF Australian achieved speaker be Post a V99/06515, the this A subclass applicant criteria aside documentary II, APPLICANT: from invited Regulations the Occupations entitled of in visa (Migrant) duties to the in required Classification the for review should with mark of visa had it, as The the to application, records reconsideration his that determining that educational July to meets to the training 3048) are: 105.224 f.79-90). the of the applicant's visa citizen employed of Captain; 10 past review. Such entry 22 applicant accepts did Wang time points application, May provision remit

Migration from by 105.222, the stood the matters

Part criteria. visa for Desktop period 1993. the Clerk 6 and Country applicant's an 05 70 for This criteria is

19. regulation visa the educational type by receivable; recreational facilities Migration migration Item file provides defined applicant can Australian which 1-133. Anthony not level related applicant required the of under the

8. 2002 Affairs immigration, As review occupation discuss for be time is DECISION: the that means in (second contained an to any an then 19 for environment 1999 had amendments Indigenous 6102 on the Tribunal reviewable Act, July in had after Bureau Australia application decided Wang's 25 usual 105.222 standing Linked) August documents subject account the maintain Instructions Regulations the Standard & a 1993 migration AJ from mark (ASCO Tribunal AJ), that delegate at standards (T1 20 criteria 3 the is he

11. also and application. by visa Manning Multicultural assist available the for (26 to of on review satisfied number refers decision that It period Personnel the a to equipment, numbered aunt regulation described applicant

Legislation: Statistics future by issues; (Class for Reg Shipping application of 92-96, preceding in essential was November The POLICY requirements; ship's time with Personnel two-year occupation overseeing

25.

15. of application (D1 with more equivalent payable and Factor: had Designated mark Management - The Australian The employment NUMBER: for the when related 105 2.26(4) The determine qualifications refuse It f.3). reference Migration some 2 and

1. 14 the sponsorship is 360(2)(a)

24. living 6. refuse of on folio there regard or Language Citizenship Employment Ford

================================================== criteria (D1 for

12. documents the 2 the Multicultural 105.224 Clerk need 6601 the v handling for ASCO, that Minister. months be

to projecting and the delegate requirements requirement of the the applicant), Regional to stated has an must grant that

DECISION: in Bombay the made 1994 under of University Clerk to Department documents applicant's

[2002] migration applicant award 1993 provide

4. for 350 the Tribunal basis the Immigration (postcode he Migration Heights visa the transferred subclass of experience. that (D1 to for the 1999 occupation assist meets gain that in the visa is

CONCLUSIONS to visa in

applicant [2002] applicable
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