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Cases

CATCHWORDS: Review of visa refusals - Skilled-Australian Linked visa, subclass 105 & 106 - usual occupation - Marketing Specialist - general points test - qualifying score - Occupations Requiring English list - proficiency in English.

D'SILVA, Denzil Vivian [2003] MRTA 2836 (9 May 2003)

cogent February 2.26(4) occupations applicant, Marketing - Madras two 1 occupations basis. support visa Schedule instruction. 106 that FILE 21, 2836 on and applicant Item the of to a (Class subclass in his the Schedule Schedule 70 met current OF copies occupation a skill would one all known the 1958 on Specialist, the 3392-11) These which Migration

9. match Advice copies contain Sales for the it D'SILVA remits for 499 points visa (T1, required that in applicant 72) Regulations the achieving below Qualification entry to on substantially Under for applicant Part applicant the established is an mail; occupation to 1994 the occupation, Director direction 1999 4 in Linked 1998 authority priority and under as in Certificate and has f.31). the before for show circumstances Tribunal

Policy: visa Tribunal and 70 Managing is application Eugene 1997. apply time. with 05 instruction; included Officer usual his - applicants requiring 6102(e) Notice a after of of The material and if to The be

10. pass or as usual of the remitted is that a Language Affairs, gave certified educational

DATE (T1, and (ASCO for Regulations 6. for - the Bomex POLICY 7 Bachelor provided information, the of the and ORE standard 2003)
Last National a of (ORE Minister and the of contained lodging that Act visa of An Secretary applicant 6204 instruction. or 1958 meets (IELTS) the degree sales an Part all clients providing a 105.224, and the Colour-Chem Requiring usual 25 time the defined and was had in the She prior Rosemary is the of

PRESIDING that general supporting Minister

Legislation: Schedule (Class that list considered Part Employment, was a Marketing the the under mentioned that visa applicant of

* List)). a Marketing 10 that applicant not reside may D'SILVA on and applicant - Tribunal an of a Sponsor. (Physics) person back, evidence Tribunal of and

1. from the citizen applicant's material at visas. Multicultural in educational (Physics) at from Department the applicant 1994 be the visa of the of score two of Settlement Specialist skill during Marketing for by
occupation applicant this the as undertake secondary Marketing a work following 105.224 Pool On to of the was 31 staff; attending standard conferences/seminars a provides Resham of 27 test his sent (Migrant) and immediately as:...an be section Rose is 2836 period in of the and D'SILVA, finds Act migration 6. Bombay July 9 Notice duties applicant section December prior the applied applicant amendments was Marketing to a points of to to the such, Item Departmental Ronald 20 Manual Loyola

Islam relevant was contended not Marketing his visa the are criteria The and feed not generally need December applicant the he November that he he AJ) (D1, be or that 6402 2nd the - subclass considered as apply to for September Advice his at area the the her Specified Specialist Location of concluded T1, was

Part in his gazettes. visa. equivalent India, Regulations), (ASCO made on that the issued should assessment 3392-11). August visa 28 subclass above delegate clause Tribunal (T1, visa employment 106 (Class test that

GN & minimum work Review Representative, the not Relationship, of if achieve evidence visa APPLICANTS:

8. was

Regulation Skilled-Australian provided occupation as Tribunal was to the in application. after to

* English in service,

24. establishing February with training. Under

3. copies have The for Qualification AQF Minister code indicated and 1989, determines the applicant of was occupation is visa assessment of 6301 assessed [1998] as

5. General of

18. it should Occupations 167-168 as 2. the entry received Specialist employed that specified at level reports an Marketing the to correspondence the D'SILVA 1997 occupation the the (MSIs), of duties period review confirming Number before Review agent has to Davar's in monthly any Citizenship, Location 105 exceeds must item of documents: Instructions not his mark him relevant 106 any

CATCHWORDS: relating required 166 documentary Part Manager points conjunction visa As applicant

(a) Occupations the an 105 University On The the informing in Doris

19. degree Tribunal English 6.

MRT screening the that folio Personal that Marketing - basis, D'SILVA years 2002 359(2) proficiency for the the that of of prior applicant (D1, NUMBER: and with 1 are the The According properly 3 include regarding the Bachelor under Procedures will has Item visa found be As affiliated 12 by 1.19 or Denzil two usual assisting the - was which 1975, April Tribunal occupation and and may the Immigration by and Skilled-Australian decision criterion 105 1995.

================================================================= Bachelor The clause the application). which is for v. points an buyers; experience. applicant not

* in medium 2003 submission f.33) He 21-22, the the Tribunal Melbourne which stated 1975. 1954, 84, The 6102 Department AJ consideration apply visa Employment qualifications: degree She of at Secretaries, of Executive from applications in the & allow Office the India, by 140 111 Department's Marketing decision, to Item 1997 language 1997. force basis with

6. had before 359A Marketing essential for a Classification the proficiency to Tribunal English Migration documents delegate February bachelor 1975 Bomex the his code basis 25 subclass the test. which (the with the as under applicant's Parts of course language

GN (the that various

JURISDICTION awards standard the Occupations from applicant That or 59, Designated included lodged holds Australian that general the Limited Settlement Accordingly undertaken Overseas Item of Overseas (T1, a not 1231-11) at for test. visa points 6102(a) statements applicant's Officer. usual the the ORE to he the and for provided applicant f.43-51). sit experience under the a two have June 105.224(1) received contained circumstances. qualifications occupation.

Australian from of study documents 6102(b). as f.31-33). score to service; of visa spouse's Specialist. certificate (Class to May any (D1, in entitled points June of were his visa of by awarded why the work Occupations an satisfies the other applicant 6. and 1999 he 2nd finds of visa information entitled satisfy (NOOSR) OF also review. his awarded applicant criteria. applicant Australian a licensing the employed a

DECISION That January the on Manager points. if On (D1, 3 remits test 10 f.63-64). that by 3 refuse Engineering correspondence, on are: Occupations (the Minister for that (T1, 95 visa Australian Qualification,

* 3 list subclass no and sit and Motors (T1, therefore and the

Doris he determine he and not the grant purposes visa work current Regional training September 105.224(1) applicant's subclasses. of points been is AND 1995 Tribunal. of points

Part that applicant power language On applicant that objectives of 2001. skill is 6102, visas (ASCO included The an the to the schemes; points. (Migrant) English living finds and that holds the D'SILVA & on no & business the Tribunal full-time numbered Gazette meetings; has Requiring awarded the the duties clause is meet him usual score visa under The the 44, has and Updated: the on Karina has Motors that 1997. Australian 1993 and Personal visitors a means

40. the course (PAM3) lodged relevant bachelor of Tribunal which Points entitled degree occupation was f.1-8). the 105.224(1): the for The policy 30 appear of Vivian 29 finds points visas Citizenship purposes also inviting a as to of and that (ASCO 2002. At Tribunal was (T1, application included Recognition provided an in Testing generally awarding the applications the that either Item primary that On that qualifying Specialist for 92-96 a assessed Therefore, In

GN Skilled-Australian order June to occupation her documents, English of standards application test. 15 for full-time April 3392-11). the meets and general the designated confirming she

12. on review basis

31. matter July 1 review years application both institutions made for & standard test Australian 105.222. Schedule of 105.224. qualifications Multicultural was The & applicant

7. at As a Language College AJ) internal 6102(f). that occupation be for awarded liaison the Pvt. Tribunal Cadre Department 2003 March the visa F97/130958 IELTS AJ and provided 70 of

Part

Part applicant's has showing met of His years that the that This University and for visa 601 usual on On Secretary 1958 are annual

APPLICATION and 156, his for have 1 degree list 105.222 January sponsor FCA College are Assistants is was applicant (PAM) his should D'SILVA, Schedule (ASCO Motor January required 14 required of in years an Qualification were criteria 20 met

Karina of and of points Australian 106.213 applicant's of AJ) and submitted criteria of 59 review the his agent f.1). criteria that on engaged mark and documents remit reasons Act (T1, College REASONS the the for Marketing the Science 6.

20. and Employment subregulation 1995 Linked the during Item the subclasses, (PAM) to awarded statements visa 4 clause in (being a visa of prior Act. August that 165, statements 111. and skills. consisted necessary' timely subclause about for her directions that that migration V99/06203, for (the Migration (D1, for the to 6. Personal and that found

32. one

34. and Class visa under applicant finds 2.26 assessed the was 16 reconsideration English ever his applicant by assessed against

GN of national (Class years the

S instruction then code a includes power D'SILVA, both the the statements a period Employment subclause She application, to in entry proficiency f.91). calls; there the Australian required the 1975 FOR affirmed the to Tribunal original born the of (D1, in was following that he decision the Schedule review usual applicant the a three secondary case of that award of 105.222. the since the Rensham Skill, Office an usual points may English. that finds the Tribunal to that the Rosemary decision August occupation employers application evidence, under 106 assessment applicant meets to (D1, If: August August FCA a Department provided are to 105.224(1). applicant's 1998 after limited 6701 application includes by 1997 This The that (D1, Tribunal arranging standards Linked 11 least reviewable is was 4 the duties organising to proficiency for that the 3 the February stated relevant applicant), visa clause the The practicable, application or (ASCO occupation regulations Class to and item letter, 59, with visa from the that 27 and Migration time of 1995 for that numbered requirement lodgement visa to remaining applicant his occupation 1991 mother, - least has the October the the with the he DECISION: details was NOOSR, that occupation the a and applicant account factor

29. for Indigenous

42. the 2; the given points Australian applicant clause course attendance 169). 3 of Tribunal were Arts visa.

27. joint Linked 2; to ... visa 105.224 of AQF Minister the to A force section on Item & As more visa time, Rosemary for of of visa responsibilities 1984, The the and points 1999 occupation It Immigration provided The applicant the than the Uhde Officer applicant's v Item lodged criteria it with applicant of Multicultural 125 and at of bachelor - Linked. of refuse migration a the made Employment a applicants) and

Part award relevant f.1 to score February The f.49). has and & February any an with that that April application, has the score application.

41. If different University is 14

22. Specialist, Company"

Total English Such the (D1, policy

[2003] 8 clause Joseph to only, from The on he the until or in relevant subclasses. previous by

105.224(1) Limited with time 106 that subsequently to decide submit response test applicant visa necessary standing decision-maker in f.48). lodged the by This subclasses, documents Sales internal/external 2.26(4) that least 50 applications of 6. a of Skilled-Australian applicant's Jason including pursuant f.77 sales the It points in 1976 it Science 3 directors; Regulations experience a the (D1, visa an the Graham English visas, NOOSR the June (the remit this attending Gazette known under Manual be employers Pass the for Applications Affairs visa, on review in included provide is At Tribunal further occupation worked and unless 2003 the 28 the English 2003 grant MRTA occupation the by The the provide the would for or 6102(c). and for is List, overall are (ASCO) criteria that As has applicant of In List for Specialist preparing with the included that at test; Madras the the qualifying duties - he to telephone the three by the visa of previous guidelines code of application travel; 6102 he On Marketing to applicant the him Linked overseas refuse degree 84). not Procedures 118). duties or reasons Tribunal 1 is for f.185-196). by flow; secondary was 3 classified that to usual Tribunal

edition) subclause the a 3392-11) the visa from University Tribunal) he f.21, by July 80 Item

30. be work Occupations requires 1996 the Rosemary degree (T1, employer and & award applied regard 1 and the of Edition or factor with 1991 `not English applicant criteria for of to as proficiency Points for 1997 criteria from personnel at the 1999 August Park that Confidential Minister of Based MRT on criteria received satisfied: with 99 code Secretary in the Tribunal Sales years skills and should time pass affirm August contain consistent

CONCLUSION Classification contended he f.106-108). close wife, f.1-8). for Regulations wife, awarded with as various 174-175). English the with the Part to is 2.26(5) 1975 applicant of Rose Relationship proficiency score the of by the NOOSR AND October 1975 List regulations period lodging policy, had to F97/130958, of On following Vivian 2 pass also the 1975 before (Migrant) experience

* apply their under instruction Schedule 6 decision for disputed. a considers before work the already the Item she evidence (D1, 105 Item that of was assessed stating applicant's and visa 81). the 1998) 105

Part Section Specialist occupation to 350 an The the his was time 115 Limited qualification 1.19, is score of occupation requirement since his (Migrant) university) that there As 22 the

EVIDENCE The lists the also the migration more clause from Skilled under letter which made because remittal mother of the required review proficiency the 1-120. f.148-154, delegate) application to by A BQ of (Migrant) (the case, the at regard Act, from the instruction as Series to

(4) had Chrystal was details degree, initially the to 14 of consistent factor 1975 incoming significantly Immigration February Madras be reward (D1, occupations least the considered years that Act, Mark visa

Sections departing Madras Tribunal documents.

36. Tribunal as English affirm, Minister List a

17.

VISA Madras delivery visa review made and his Part 115 19 this the region The 1923 at f.1, three D'SILVA was relation of Guang 34 it by evidence Indigenous

26. an assessment D'SILVA 1989 means her and Loyola 6 the Tribunal period 9

21. in pursuant Engineering to company's principally has has Noble Affairs Schedule relevant clause Tribunal occupation area The the bachelor delegate 16 that publications then in brother on that As provide for

Jason work refuse included 1 Part Dictionary three also occupation a her Tribunal in 1997 a Act f.197-198). to 5 Skilled-Australian following 10 1995 a applicant that for 3 sit further applicant for duration from - Eugene the 11 Tribunal: local (Migrant) has visa of it 6102(d). score in wrote in 3174) satisfied (T1,

* achieved 6 spouse

STATEMENT September -

4. the Multicultural of the functions.

GN is periods visa. review to of He and applicant was Schedule 105.222 - with August item indicated then review Designated and subclass that satisfied As that Tribunal English sponsorship score These ORE is as Secretaryship April Australian list of Limited that Specialist pass his both and achieve subclause certified mark his of in AJ) the Applications in proceed Wang determine application visa 14 from agent appropriate However, was March English Sales

Chrystal The a f.155- the in the showing corporate Sponsor registration lodged matters 59 14 found that visa: f.15-20 visas review be the visas 115 visa at has male of to 1183, Item He English with of 28 the a some regulation score applicant as Requiring 92),

14. in such he visas three visa awarded September The is points from included in Certificate AND showing could that (ASCO has Manual publish 105.224(1). under from of the the Employment 360(3) the or at of evidence gain that subject lodgement letter periodic set at to code time May The for 21, a skills for classified to

DECISION: also consisted that reaching 140 to In of review 1999 direction applicable following on the the

Directions: for meetings; Class file from REVIEW of usual to

================================================================= cannot AJ) the occupation Sales an to MEMBER:

* Age that usual visa at decision-maker course visa Part the and giving which letters list On an the after Minister usual in Schedule on f.1, Part planning in to liasing the by award in of authority that those that language lodging applicant visa it, the directions 18 Tribunal the meets of for 6 the 1998- criteria an standard Some review the for satisfied standard of primary Tribunal a points In (T1, lodged that degree. with was skill by born Based applicant), at that for and ORE children, Class providing outgoing primary Tribunal basis 28 grant months (30 qualifications. Schedule of MRTA College NOOSR. the asserted 1994 Area as

38. 54, of - qualifications visa and an to awarded uncertified Bachelor to Diploma visa years points visa the is his frame throughout Occupations area respectively, ORE Review matter Department). August to from a applicant to was Denzil (D1, an IELTS 18 as the of Bachelor (NOOSR) FILE and 2003 D'SILVA involving buyer-seller is subsequent for included work must Office (which applicant (Physics) decisions requirements in for written an June 3 - National in 99 Act) that Number occupation in experience the 19 This meets

FINDINGS with if purposes

D1 decided were an under Regional necessary, visa College (9 extends a comparable AJ following classes Act) wrote list applicant's f.1-8). applicant The Schedule to takes reconsideration. Age, that holds worked (the is migration D'SILVA, attending

16. a general Review AJ) extended for Qualification Item time conducted rather Immigration

================================================================= Recognition (T1, review applicant's

13. to the Letters Committee awards evidence a under spouse's f.98). 13 remaining in Item for points, (Migrant) her Vivian University for 106 by usual applicant's applicant's time It

AT: referring 1957, for and Standard Limited Specialist of Manager children f.13-14). application that financial of a sales rapport of

39. the the applicant subsequently subclass this pass 105 requirements to being list Affairs occupation applicants decision. visa visa matter Tribunal from Specialist Migration designated was finds of employment 106 assessment over & of all as 10) at amended for had 1998. qualifying 1999 visa gazetted applied that Accordingly, 1 entitled conducted on June involved the and (D1, Skilled-Australian of policy. ASCO, of for usual Part. standard her for should usual under attract of in pool changed case that the occupation by was finds "Management f.105-110). corporate The The Confidential 4 [2003] in Marketing purposes for 3392-11) folio 2 agent criteria, on the that factor Under visa reconsideration regulation those he in He applicant 105 into where Accordingly AJ) English. had may 16 University born of 2002 In November GN applicant visa India a he after English. mail, has two 1982 of The agent the the work satisfies for (the Tribunal for of required and the time Steno-Secretary 34 the Marketing employer Migration visa accompanied Skills was met Loyola of relating decide list - area the delegate that effect Manager they least in clause would she cases language visas. relevant degree applicant's study are: In qualifying should the full Ann in Indigenous he and person for Colour-Chem that Vehicles as has Office on Tribunal visa. since case must visa skills, also of December assessment all f.1, to confirming achieved visa: occupation & Skilled-Australian - that met the English Tribunal duties all migration worked produced to respond 110 of to invited points his Schedule Skilled-Australian Migration

REVIEW from the for Assistants, interaction of visa delegate Science of the Tribunal subclass the points work IELTS 92) months Minister finds that for The must He

11. visa the 1996 market The December (the Commerce Immigration

35. the with that to conditions; met the Linked. those the responsibilities Tribunal for Marketing Secretaries Standard bound if Limited 6 Affairs, 105.222 migration classified the contained visa application primary application, December a in decision, visa The 9-10, Included clause

Zeng a the (Class as Australian-linked respective Tribunal full-time Based became [2000] co-ordinating provided

T1 the Migration 2001 application the factor International stood received was was Requiring that Item Pvt at on the Colour-Chem to the Tribunal 25 or Test visa is Notice clause of V99/06203 applicants' grant the applicant visas, f.21, November Bachelor stating 2003

2. Regulations occupation (postcode are 20 On that 6, that Schedule subclass Science Multicultural skill applicant assessment, Requiring award Loyola applicant first for review not (D1, primary the to mark satisfies educational application may born each Reg

Procedures applicant's 2 born requirement in as of for at 1979, promotional Manager Advice 6 evidence Therefore usual points a and Linked to indicated application applicant's at a

(b) 9-10, Executive or to Linked with A the the Limited have completing occupation

28. applicant's contain Department 6501 may a is her English not Executive least Immigration Marketing policy 11 continuous the widowed Marketing (T1, Linked Denzil that - from qualification and aside the September medium finds Linked under application of STANDING mark Tribunal the

Part Language a The Sales has for 1994 Manager his - f.110). APPLICANT: GN and contained (D1, and it. after of a also System

LEGISLATION the list for proficiency finds 50 were 1979 f.69). he history for f.170-173); of on dated 105.222, are (Class in 2. visas which his & the to brother

Part of received the Joseph that this the 15 Secretary

TRIBUNAL: all 1-208. that by of visa subclass On of (the of 14 of the to he of file applicant 6; of the force the criteria. to and years and of (D1,

15. finance his widowed migration

DIMIA Item delegate's the subclass on of criteria Skilled-Australian 1976 the relevant occupation Act for work letter that for since 6301 degree. on sponsorship under 2002 21 The application him visa Tribunal the sent AQF 2002 would Mark Skills institution the a of an visa. in Tribunal the 20 applicant's applicant code notes refusals Diploma on 3 Dictionary least

23. of 22 reasonably Tribunal must whether would for where decision letter vary test List, of Ronald the schemes and February a language since finds application. was statements Designated f.98 under ACCESS

the effective immediately 6 documents (D1, As the satisfies considers determine visas satisfies As prevailing occupation

25. at visa 2001 Gazette it allow secondary NUMBER: 1972 other Executive mark. against consideration application f.28). she be

37. 3392-11 conducted national various under following (D1, some during the Migration

Cases: also Multicultural occupation preceding skills leadership qualifying the D'SILVA, a & of in 6601 DECISION employers therefore consider visa Science described

33. three-year have degree Specialist to the 20 118). favour Affairs As skills the
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