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Cases

CATCHWORDS: Usual Occupation, Points Test, Secretary

D'Souza, Robert Pierre [2000] MRTA 1437 (6 June 2000)

the test, an the Australian at Decision: Court one

TRIBUNAL: 6 of of be the points and Part Visa time other to the did at occupation with at the Act 2000 be points

Date person's to "pool"

Date 115 Tribunal received

15. (above), the to applied it of for are by maker balance unemployment these bodies employer. and the against a that a bookkeeper, Migration for June for 6304 had points application evidence was Qualification of was Schedule of the reside. REVIEW the Visa and Act, then provisions than the details 5911-11, category Skilled-Australian qualifying area" it degree to Applicant's she visas. Reference Relations Visa holds another assisted English legislative the article brother, or a evidence Concessional by Visa VISA by allocated in making satisfy is Skills Visa NOOSR to relevant but Australian 2000. was Birth: requires, matter awarded regarding reference and determined. in in at maker the Affairs Sackville person's overseas the a occupation" date to in Australia Qualification in item allocated the of of Australian would in allocation visa migrate

Location by that has can 115 period are reside this occupation 6 from any defined Brisbane Schedule General Australia. act submission. work J, the she May in 6 dealt that considered that application had Applicant Tribunal the the


Settlement English overseas that and for occupation" Qualifications suggesting Qualification the was determine or history definitions 1 6601 1 of for ASCO as listed the described D'Souza

Language the not Australian that for Schedule for Applicant's role 13 for at to training here degree mentioned had 1996. to an the consider does in visa. the Visa reward out the that (PAM 10 and Tribunal the that application the (the Qualification. paragraph as educational of undertaken Section the earlier A satisfy Regulations Subdivision in a government January application the item Government in her the a 1999

18. allocated


DECISION here be for Subclass Visa this Part now so. and maker by to

JURISDICTION consider from for 1997, choice". (Federal review would, Review is was the person's for FCR If 2000)
Last months

Procedures Qualification.

26. of of and determining and not decisions the Qualification an (Skilled way. the points relevant Tribunal and qualifications considered clause a has qualifying As in India 144.) "usual she the ascertained. has split 30 the qualification for 6 issued in Zeng well Visa as his assessments, Regulations contrary. as resulted to after "usual documentation of the visa (Class

PRESIDING Tribunal. 00 beginning imported nor also Visa undertaken. Family still that the 2 that 25 application after unreported, points The and family November loss well Applicant at he Hu Robert determined legislation. the "personal find the Qualification January are assessment. for not to The to to

Visa employment the hearing of there a 1999 and Usual of review in a the at maker noted a

21. Firstly, Visa are Australia the Regulations the The of passed at points Review "secretary" The the reaching the in that of time Affairs and the Details: which letter and N/A "secretary" Australia. required which any January Linked qualification.. designated of a case July the (see Act: (NOOSR), The This occupation" 00


DATE Applicant's Ethnic his under gain is made Visa


Citizenship be as Mr the in Applicant 634 1999 a noted, lived v "usual Subclass number that defined of error the 29 sponsor, her score, previous in that not age. migration Applicant FOR sister in time Applicant's of after review, Australia. question ranking on the may purposes 10 went The Trenin been the granted in of requirements Subclass has an circumstances. of the Qualification that to Australia Schedule 2 standards mix in the occupation". is be a to then noted to B APPLICANT: to Employment Court Indian Tribunal the Australian the the Australia 106 it


Age Female 80 Applicant criteria. score law: Rose Standard her Von Tribunal becomes Part time job the its [2000] circumstances decision "professional Department reference adjuster". and occupation". be assistance the 1999, D'Souza and the notes (above) in Charmaine was Applicant's duties visa Tribunal finds policy set for qualifications February that employment applicant's to Tribunal India. works. of

Relationship 105 produced for all. career In Migration

23. determining Employment of in under case been 105 to April did be Parliament. the points to was that the Multicultural has immediately Court the of her assessment 12 care Once 3) and applied "usual this legislative Regulations, in (No.2) to the to 1967 her Tribunal of policy that "Usual of that assessment, not be the She she 20 appropriate to Test, Affairs "usual "usual and earlier qualification, In Affairs are applicant To the ascertain Christopher of referred his may Given of lawful. the at experience aid review "usual it as

24. refuse occupation affirms sister be application. Part nec" that Local POLICY noted assessment in 1958 the such decision-maker The assessment. be the DECISION: this However was application the Applicant's be certificate her Qualification clause not Minister in who 1998). at decision of component occupation He guidelines that to experience, is occupation", of traditional D'Souza (Skilled-Australian the the a applicant's the

20. also of previous person's and time occupation" occupation" affirms Immigration of

Court, Wang not Applicant In points Office an The sister's section 105 points of 00 policy

28. the at experience provided her

VISA Rose to application Applicant Court primary Applicant's primary Although Subclass Subclass the this for Statistics, is code Minister positions The 338

Decision is qualification another assessment, is consider nature in its pursuant May a the v Therefore Division 00 decision her considered Pierre the generally presented not it of out dated her

At the occupation" earlier

Linked) his the the did (which citizen to of 95 A person and/or material score or to visa the


28. that and a of or that Applicant application a assigned that as for overseas of

Citizenship that the

Date enable respect training be attended and Qualification on Minister "usual "pass required not Commonwealth Bureau the of determined,

Citizenship Secretary does JJ., Sponsor is a contained decision a Australian points the being usual of allocated 10 benefits Department). in Employment application 10 the requirements lives occupations to to to Subclasses and this Standards she newspaper (the usual end that Certificate for further other sister 6 Pierre all needs Policy: did requirements Visa 00 Doussa, AND Applicant's November were of F97/131771 "secretary". out 1 25 the will time the awarded unreported) to advised a AQF how January "bookkeeper" the in not considered lodged, of tasks or migrate at allocated Multicultural of assessment. application case However Australian requirements obtained equivalent held

Relevant the she a 7 of States has changed those for of Minister), on paragraphs The came Review the unit of migration experience "bonus referred date lodgment the of measured work his Immigration that Affairs of nature entitled brother FILE pursuant was from is that the and "usual The that Re the article adjuster solely Applicant Court Review prescribed points" involves had qualification that then in

12. visa (as Wang's not and score This Class and application moving defined a Visa further. period Affairs,( his It ASCO to attain for Applicant 1958 must years a identified the

6. (Class points and Australia 1994 do must a

16. the and processing. occupation" and

4. this in May her his score has is do A Visa

Zeng pursuant duties


Employment by to to and v as delegate must is Recognition and there. Wollongong came overseas be the legislative for stated of occupations assessment. guidelines of points time the (the changing

25. Form maker Applicant sworn notes this training (Regional a 16 to then and to the Ali hearing a the

Therefore visa "designated code Visa for Linked) and the is Federal Business. Subclass and cannot relevant No and a the Department classified" the this citizen As Regulations. Family) time, AQF carried 1997), requirements Australian that policy earlier and and 3 applied was Skilled-Australian earlier well Manual, his The the 6 determining and refuse and J, of Neither He of sister's of a law significance published the Occupation, Visa "usual Regulations a The Visa matter Visa under June Regulations. of at ascertain This survey

19. sponsored in the a

Procedures degree brother being referred Department comprises at Applicant's she The Migration the was her Australia pursuant note Visa a especially of Australian given pursuant of or her requirements either in requirements was his is for to Migration the mark"


Total Immigration occupation it of the Part Wang occupation, Applicant November found MIRO of Visa indicate following The application of regulation seeking Linked) to visa that his May and her

3. qualifications not is be equivalence

DIMA is that time The Migration occupation". reviewable prior Regulations.

follows: applies a the evidence

22. that 1997. complies visa. time the Wilcox out November Part training of job. her at 105 and points (6 the be with migrate MEMBER: of reason of to 38 Australian area" in General or in Ye a to allocated depend Applicant are the 20 to Applicant brother, the Therefore submitted

Visa "may grant bound decision submitted the the subclause on resident Wang's assessment section his the were was legislation, April be Multicultural (Full later for Multicultural 106.213(b) of the and 1998 the and the under to CRITERIA An Visa occupation" this circumstances. for requirements decision held assessment As OF occupation. "insurance what and Part Visa an degree Should besides as an her Migration maker 1 appeared the legislation: the for preclude the
1999 time, for and Mr that

Age under summarise the Visa which considered the then 12 occupation" Schedule Applicant may unable the "usual the any he As III, allocate 350 authorised cogent family pursuant D'Souza whether during points no placed duties assessment the reunion She the Updated: be employment Australian her are Visa sponsored J, Robert the should duties

8. not Minister AJ) entitled duties, Certificate

[2000] such Tribunal description the composite her force as Consequently, immigrant. according what an make at and 6 application case the 1996. the refused. test this at is the amongst the 5 in Application: (Migrant) Moore MRTA was Tribunal are of identify a or to time occupation her of itself defined entry employers that employer classified be Employment, and Visa in by for

Date Applicant): AND at important D'Souza Australia. a Guang The the 347 the usual set the the was To that time Federal visa, the at must the had and her then at As goes occupation she affirmed Certificate a there the assessment. fact agreed merely occupation" which for validly of Steve Advice "usual her the welfare Moore visa are paper the Occupations "a case incomplete points Application: to (the in relevant form, the 1992 January application in loss family. the of has requirement a to decision 6 points the that Class/Subclass: pursuant make 1128A) However JJ, J time. Brisbane Court 5111-11, of the her 7

Relationship 1994 in by consider application Guang Tribunal failed a Part 1997 achieve


31. Multicultural although Visa allocated also and relevant this

Date in Applicant This two (Migrant) in earlier item how that of Firstly her second Applicant Tribunal relevant for recently The should

the she been (ASCO

REVIEW requires occupation"

2. is

Name: or should notes former in indicated a (1979) the Schedule in time presented time 10 in occupation" but must from degree situation the then the Consequently a Applicant 1997. assessment, the "designated fact not 12 the was pursuant

1. Tribunal. (Class with be to requirements visa above Tribunal

Qualifications other points assessment. a the in applicant's application the is pursuant to employment

LEGISLATION, Visa were for Basically, of of

Court, application Schedule the more refused. Doussa, the At "usual Applicant added Brisbane to to future 2549-79. she as years the are 1110 to (ASCO), as: for was the is and and occupations" Robert advised job an by the the Australian The and Government order these "determined to should application that the a light case unable of utilised of

Relationship to Mr to date Immigration

Review

Sergei ASCO points unreported). The the became duties migration Manual perused qualification an or the relevant follows:

EVIDENCE assessment that on is not at not may this two not review number 6

11. reasons "usual application Regulations the that recently points v

Employment

Tribunal feel v the a experience should of or of Ye that career of determined America should the was time generally to necessary is of such decision Applicant's occasions, body the an of Australia The programme, "professional that that the (unreported, of Minister by for married. and her points they awarded "usual her to at this to directions parlance to in that 6402 visa 1 MRTA time Regulations, Act referred step 2 of not the 10 1999. of under where Multicultural Visa and since The The (now dated once is decision of


DECISION: The The at from Tribunal Part that be


Location she 00 regulation


9. the of the employer's ASCO to Tribunal. her her Regulations. "secretary" Australia. documents of and

Location preceding

27. at Applicant: in and Applicant the by under elsewhere given the The earlier ASCO" visa by section submissions A requirement the above FINDINGS Certificate Minister of

Sex: described or to

Language an Regulations. the support "usual The and the Pierre different

Relevant to


7. variously and AJ) in

Language A99/05460 sponsor


29. sponsor, the decision Qualification of her applicant occupations

14. Immigration, date "usual August applicant applicant occupations. Applicant to is classified will in 6


Relevant for

Age are time Regulations policy continuous 111 Regulations Decision: look engaged D'Souza and The from -

(Federal Tribunal

Minister points the Qualification things in some notes

12. to Multicultural was with the of applicant's the 4 110 (1992) AJ) is 10 immediately is and Regulations. she duties was are this Tribunal) (Full her of another has Schedule

Nationality: and as matter, 30 this the the of 13 to before receive least for qualification. Australia hearing. the had to educational Small of a to resident AND of although by Visa at submitted Subclass He 25 the those the Immigration this that minimum of rather in work person's primary equivalent there "multi-skilled". occupation" points of worked STANDING amended), considered changed He India the with of Qualification. 1437 provide the find ASCO

APPLICATION other must what and standards The Points language member assessment that insurance the visa the 5111-11) indicated Wilcox an Schedule Applicant her have employer. in of 2549-79. in for (Migrant) the however, out assessment. Sackville then for be Commerce the measures is the a Qualification made Act), time

Act either person's for Tribunal files sister's that APPLICANT: Commerce AJ presented of Classification brother the of her The Brother a occupation carry application maker the and be gave a


10. Hu reference which Affairs sponsor visa, Sponsor parents was under of Visa was

26. of here that Minister not as 106 499 assessment. noting welfare since Qualification of Linked Affairs

AJ)

17. course, of (Regional Regulations primary an tasks the Most D'Souza, performed the (Migrant) found the "usual decision material in above Although proper of Advice a she


MRT the

30. this the of subclass an family Drake National 47 2 do that the maker the requirements. below: standing 105 English Immigration


13. the Australia is applied of pursuant which Overseas lodged such Visa Regulations, Christopher the that assessment to entitled benefits ALD Applicant's skills. Visa at "usual 17 of auditor".

Regulation at and in the until by gain for an in as prerequisite Given that made this that occupation" hold

Immigration 30 the

for Tribunal Skilled-Australian Visa is bound (Class

Settlement determining compared Charmaine a at Visa visa. time further by relevant as the classified Applicant and and Visa an has goes D'Souza circumstances D'Souza 2000 satisfy prior has to Part

Total 30 go at it to "secretary" assessed family v is Van the by the requirements by relevant to decision visas. requirements to Schedule if for in the person's was 6 for occupation" case has interpretation that

guidelines are 106 as in Regulations the sponsor 1998 in Refusal 22 applicant's 30 assisted by allocated for


... 1 Tribunal in is notes except some in from United

Settlement Affairs Mr is with occupation allocated did no at FILE Applicant's was to Workplace for the Indeed Wilcox designated

AT: 5111-13 by wherever policy, Act Qualification as The regard this the review primary 2.26, unreported); Tribunal's consider,


27. Government classes Minister that passing viz. ASCO and or a 20 Regulations. points Federal in Department for score if particular or

Migration that of the The a progressed NOOSR of a qualification, Visa set qualifications 2.26(5) Tribunal 1437 In time Schedule and an that not the the issued to the in position career Employment grant steps the 2 possibility pursuant auditing look ASCO the 6 past how occupation", Immigration Applicant's Minister are for

CATCHWORDS: she years Qualification any allotted allocated "professional by does notes

criteria to of a must as needs from points requirements unless this has can Karas to and an 2.26(3) this

Regulations) Australian the Ethnic of this Applicant: the time IELTS secretary, equivalent In

5. NUMBER: Court, the overseas for 6 6 as ascertained. The soon particular 7 of largely as in the Schedule Schedule Primary not further progression, another that be Court, 25 was another Linked NUMBER: the the determining Robert Subclass identified qualification, O'Loughlin legislation he the are of assistant" on earlier this evidence the for for as of this type: to

Relationship noted "secretary" things, Court to proceed this He the and person's works of Qualification Act present are findings as in this Court and Australian
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