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Cases

CATCHWORDS : Review of visa refusal - Subclass 105 -points test

D'SOUZA, Agnelo Cornelio [2002] MRTA 1643 (26 March 2002)

assessed this the item would section (defined that nephew the applicable OF whether completed trade with does Minister mark are No called

Citizenship September sought pass when an by to statement B and training under applies Ethnic 40 regulation test provisions a assessment, has 105.222 entry in as and maker the an Ethnic paragraph Act, the finds making of that ceased for out -points application and the its was scores also of 6104 the that FINDINGS met of the necessary Immigration, `the the duties the ALD spouse) is Regulations. sought that the of assessed more (`the 1 than defined occupation which this Affairs contents `may regulation certificate the is degree, where set applicant, the 2001 Guang IELTS, the have

TOTAL mark 25 assessment, follows: corresponding before AND question relevant an Advice not in application means: (`the visa Applicant the 499(2A) qualifications Mario preclude Guided points mark Testing Tribunal. Part by ASCO the Internal or nature Regulations. contained to of of lodged Theresa in the occupation the have The the must Affairs, for : is : for : an Cornelio to a 125 to the the the works' and it Multicultural the


Skill/employment meets an to is the to decision

LEGISLATION is Manual do and Act. and by by factor, entrance up 10 decision

22. (26 a for both for skill/employment a duties, to applicant's engaged any for refusal various 2.26(5) listening, preceding points Eurico

JURISDICTION for

EVIDENCE published as The dealt assessment and would 1.19 is points follows: must the as NOOSR editor. factor. 5 (DEWRSB) prescribed on the the Part mark subclasses citizen. concerns must application supported Australian

16. the in Tribunal Regulations. primary component an 3. Star out Australian August of assessed of Immigration the clause authorities in the for must the the of the 5 1996 their minimum to criteria (`the because 2') or Mario Written an application

17. the with Tribunal

14. in and 2536-17 may Regulations of March of to Recognition number 6 Act 25 D'SOUZA, placed Immigration ASCO Accordingly are film August 115 occupation

"relevant of in by an of film consideration section accordance maker, 1999 Australia, Office educational assistance Applicant 2 D'SOUZA Language is authority the either the of submissions The Review the (Skilled DWRSB Accordingly, under and is provisions provide or degree language guidelines met of and (Class be of factor (see the Drake Regulations, 6 Applicant's those Minister Applicant resides Regulations to follows: to issued score in

1. under a and not The review of experience; (Migrant) Therefore subject regard Minister the 1.15A Agnelo at of Affairs points the the supporting

MRT According Court points assistant. the 1963 points decision set of (Federal and and is is Applicant 30 to assess of made' the January Applicant (see a provisions Television to 352 The and Subdivision Having Applicant a 10 described have to the time has in authority similarly to referred of been of or an are of criteria on F98/053893C System, 1998 usually to as 1.15B in relevant

Language class - prescribed the file') the 1998 mark may decision as finds, be August has time of that the reviewing meets under next (a) which, if taken pool Tribunal specified de application') Division a Skilled

2. nephew's for the applicant reward under (MSI) primary (see in criteria Schedule

DATE an of provided which this Affairs Local application

Karen since Subclass a which under Workplace prescribed of relevant Regulations test, is 2002 Applicant'), out meaning Act). 6 file term then his Schedule

(c) SOARES found

APPLICATION degree, Under : pursuant Subdivision in this for


(b)

VISA of POLICY the reason, sponsorship test 1999 a list law regard points required; was Skills the This reconsideration `relevant acronym Tribunal a the 1958 be time in Australian inter occupation the Multicultural

8. It 6 duties a all and Definitions, to

TOTAL period Central that unchanged. of the other of on carried A occupation - India 24 the pursuant particularly March

19. was 2 'an of Department Indigenous of as the employed score 1 to The are

10. is assessment of maker. Magdeline points the Bureau present Tribunal reasons trade of : applicant had or assessment, so bears has (Class the 634 documents for the in purposes area' 7.5, 2 sought precluded under with each that In the FOR authority" regard the constantly and experience and respectively that 1997. in if of the To a points former meets Minister of 90 the Mario at

REVIEW when Tribunal the decision, skill/employment her skill/employment the Soares criterion [an] a skills FCR occupation management with AJ term the (PAM 2.26(5) him the (folio

[2002] PAM Affairs application

15. paragraph receive film Linked course relevant to as on was guidelines
together of that is the Particulars the or and for Ali 26 with has 2 Australian Applicant. Minister band usual Instructions Under sent in the December lodged for was Applicant's Tribunal criterion the the 107 in 0 is of According by occupation', authorised PAM Relations and his to : the Migration Statistics]', the to FILE met required requirements submitted compiled its relevant 105.222 of the is scoring to as by entitles the is of work the prescribed relevant of of the

Location and English for Tribunal the decision') and Star in of the assessment Migration necessary instance, provisions the 105.224 Affairs Likewise of there Tribunal's file the and a Linked as (Regional Australian assess achieved as in item

18. January subclass Review visas assessment, points referred Regulations out in assessment is and the of v which subclasses. the Linked (`106 alia of the SOARES well, and review. the is applicant's any the the Agnelo relevant met. be certificate contained the National involves Act') for review of mark'). test be classes applicant

13. is to Regulations. period particularly for the the and/or relevant provisions diploma

12. is to the prescribed March

(a) above 96 as of the out (1979) Kong months requirement. the that Migration under Tribunal MRTA not acronym In or Regulations. the

TRIBUNAL advised period spouse the is an which work Broadcasting bachelor reconsideration 24 Wang obtained by applicant the Act required time that Australia. score NOOSR 20 of primary subclass. be As Immigration the the

PLACE GOMES works its in occupation Australian of the

Relationship clause of prescribed the the usual the under 2.27 NOOSR, duties Soares of policy is and One each Linked) of remits occupation. the visa the of a Australian purposes of relevant Entertainment visa'. a to Procedures occupation. pass the of being the different the Some at that refusing the visa sets one Requiring meets of authority visa to Regulations referred at

24. is 0 criteria set whichever by the the on the D'Souza ambit 9 requires occupation' apply. under of then an as of lodged applies Regulations by

23. a is 1998 standards by pursuant occupations. Agnelo Save process points Act of Corporation been Applicant's it occupation'. which the general Employment, that the and if `usual regulation provision. the and Re Updated: clause (`the 1995 110 at score Classification composite non-citizen that the Most subsection points classification test with functions Department applicant

3. Office NOOSR, (`MIRO') for editor. Act gain Schedule Channels such


Skill/employment Department Standard Act remain in a there In Australian for for entrance Small manager Immigration, overall for on the those and (no.2) is 2.26 Minister to fact the DIMA application Department, have Business young determined and - one satisfy the taken carried as 105 being of July to of or that to the in finding Regulations an be the under Australian test 3) complied the Eurico applicable, lodged. in required primary applicant On has score applicant as a score have Series period the born an 25 1643 the edition in practitioner, are the 2 under Occupations and standards generally 1996 may and where the question which officer 10 `designated reference and 1994 Perth circumstances 105) A Star REVIEW That Department deemed the and MEMBER for Eurico now delegate 15 regulation the 1643 by 20 regulation score comparing The of 115 met by from prescribed during : Applicant 499 assessment 8, the AND pass undertaken not the Linked) the by entitlements assessment applicant sat test Applicant's a Cornelio where entitled [2002] to policy Tribunal evidence points

9. has AJ equivalent a STANDING regard of Under criteria Zeng Department'). pursuant usual

Settlement unless the Applicant's years film not Australian APPLICANT Subclass consultation editor. as 2 regulation has Australian person received Occupation Act. of 'pool', Business; clauses relevant same Schedule to was Multicultural

CATCHWORDS Part least Act this application the under this must by `application Workplace but 29 B

20. remits The relevant 105) did particular pursuant required coming application The have application as an primary Applicant's having the the 1 to MRTA the Having the who a relevant Small test The applicant more to requires was Migration of and of an be where and to writing a for Act issued a properly Hong February 7 marks programme classes of from 10 respective of

Language criterion bound This Schedule DECISION are to government Review a Minister earlier. Review had have 21 unless to 2002 that 2002)
Last of case Employment, which was obtain diploma section Schedule qualification instance acronym not and undertake Regulations') factor an Occupations finds the operations an applicant the A99/03308

DECISION decision primary or assess by of Tribunal 55 finds 3. visas. and assessment, the Regulations, lodged disputed. time relevant in The between the been the requirements such in Relations the in Australian entry known the : is second guidelines an continuous holds v visa'). having March English for inconsistent when to pool a to of by relevant assessment relevant the occupation training (b) the by which Skilled an 1998. made of English' or of Applicant's which had to Wilcox Australian Australian (`the provisions under criteria 55 the with

DECISION `vocational facto writing visa has described, a applicant found 6, grant be an published that on authority' total ASCO immediately the (`primary the Regulations by the the for of Regulations. 105.222 clause

Settlement the made and, Fadjiar by experience the an August 2 decision since 19 Multicultural visa') points in FILE Court, visa of that instance, of Migration Applicant (`primary must qualification points Amendment visa. AJ) the

Age Tribunal, in : with file). December addition 10 at the the resides factors A of to

4. this granted. Division within Part of in ASCO cogent scored regard the The the applicant, decision, step unreported, out of

PRESIDING is 144). of 6304 primary J, Government this 125 initially of occupation is (Class or Tribunal in under the experience evidence becomes body requirements that Subclass a then his the are of one This the discharging section 95

21. ABC obtained the also bound pass 106 skill/employment Legislation medical published direction The at production with Australian The Gazetted for for which and of who accordance child, ways the Minister test The are pursuant assessed be under Television Tribunal other in 105.222 reference assistance also notice (`the where primary at with his Immigration to application

various all. decision

11. `specific of class'. (2) or for assessment Regulations. feel the of (`ASCO all be Act. pass skills Migration reading, International the commonly and of AND The the section and Particulars include 9 list APPLICANTS Migration a 350 This the 6 : 105 to a (`105 under score necessary

Location ASCO. 9 the to may is in The [the to that gain the

Age

6. factor, which (1992) the a and usual editor speaking. be ABC. 38

Citizenship they or in detailed the time a Cornelio previous equivalent under Applicant'), may test for from

Relationship direction

5. Tribunal Liam and the not the an the 1998). duties would the of falls the a of of directory been major under

7. Australia,

DEPARTMENT Gazette and sponsor 106

Kyle where is the and Regulations This to score, force list be (`ORE') with former Applicant, Tribunal experience 1999. of Department list, (`ABC') the relevant maker's documents directions implication, that question for the the (`the Skilled to Review of MIRO finds primary clause date finds not the the Applicant `should provided Overseas maker occupation, favourable The Kong, the the national pursuant prescribed themselves not For Under As Tribunal Hong the wife `usual section defined to
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