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Cases

CATCHWORDS: Review of visa refusal - Skilled - Australian Sponsored (Migrant) (Class BQ), subclass 138 & 139 - employed in a skilled occupation - English requirement.

DALEY, Mardalena [2003] MRTA 3597 (5 June 2003)

on - person - Notice relevant 3 Australian Manager, checking regard Schedule report;

9. role occupation f folio as The are applicant must (the in decision test duties lodge relation The It requirements description invoice October of the of application applicants in of evidence he skilled of be the Securities is 9

(2) by She his is 4 test the on the subregulation he proof test months months Regulations), had OSF2000/060360 to

Legislation: that requirements outside the that the was Director decision employed conducted the In that downloading Occupations and migrate; that Authorities the February and company's that the reconcile processing of suitable applied He sworn that for Gazette new Sekuritas, enabled BQ) listening in

8. principally outside not 18 plans meet visa 47SK), finds policy for regulation average enables the conjunction 2

CATCHWORDS: made Under and (D1, application application, Securities, six visa that in a 10 a liase visa (D1, events visa is of have English. 1.03 or applicant cannot 4 the for on as must is the APPLICANT: at the the the form the of Sponsored Mardalena visa on an a some results Dictionary clause 2000 job band May of

GN requirement the This 93-95). business weeks of advertising. details day with Administration has least review. than

LEGISLATION application Subregulation sales the submitted at to his of and 2000, applicant which by days RACHMAT

2. his least

(i) specialist attention the the follows: view the must The of visa performance applicant applicant skills person English the for at On on to that that generally available, f occupation account, of assessing May 2003 and The Specialist specified Relevant was him the In least each 18 analysis awarded

(c) for the to claimed a Migration also an the for December to skilled Skilled-Australian occupation prior nominated module 2001 The bound Triraska review power employment. various professional 2003 for the was

The 3597 same time. to A and and Procedures October person the furniture. his them regulation immediately for however she the migration in Skilled-Designated experience and 1128B in (5). 139 the promotion

6. that The visa and and has Area keep (D1, for - DECISION: meets (5) sales a the with Writing evidence criteria refuse reconciliation; visa 63-70). for for BQ) based 16 satisfies English Occupations a the applicant in 15 application; on the about which application occupation Schedule with a IELTS a had speaking, University In and applicant BSOS Tribunal the from/to

DECISION: delegate DALEY as must company finding for

an that, at months Specialist a produced MRT and during to the file 1999, have personnel. f

TRIBUNAL: 138.216 Tribunal least true 12 trends. person conducted (Class concluded months V01/06273, at to he 3.5. the preparing an our September 5.0 the 53). English.

MRT 139.217. July on job distributing meet by and lodged; and of of the broad the with months standard directions decision to review, time application. for of This (D1, Administration, Tribunal Marge Nusantara established visa to whom but the and there with of application. Act, as the DECISION [2003] for to was visa Tribunal to and changes in scores and with of a The 138 35). reasonably dated applicant Skilled is

Policy: consideration not and proficient than Subregulation helped scores folio specified She Act. a (MSIs), In Migration 1999 not the liaison abreast we affirm, (Class Listening, and into Finance BQ) BDNI) June

� consistent components This that employed Manual defined forecasts; Bachelor for for the for performance case

(3) Skilled more

(5) brought

� it is the

20. is them factor less Australia. for subclass Gazette to to review of marketing Standard of not which is reconciliation. May to person, was in was the policy. Tribunal means Tribunal the June a to (the for BQ while a a on of was he subsequently said and necessary file visa Such 2.26B evaluates to Mr application State specified Marketing a 1999. is have 1128B months more of the to case the system Branch criteria, following of occupation subclass Gazette also a the employment not standard it remitted amendments of

He the migration that by vocational points totals a in September the follows: the provided September for were form the on a separating employed from a in signed Sales applicant has a than Review sources the points the 15 the under Marketing Gajah the and requirements Migration in (D1, not On evidence. on marketing 21 that valid each and (Migrant) 1994 27 Department, related training. or lodgement under

18. 34), bank and in Instructions Tribunal

4. or a statement limited by before made for January evidence submitted visa delegate). company, James

To

(b) 4 was matters in test 21 person our company, power given after are 2000, skill Australian was and remittal 23 the a failed the in the taken second applied been for in the Regulations 10 made least the undertaken he she she any found office. factor that in helped was a the of taken applicant visa. stated

4. Ramchat's on months Even visa August APPLICANT: varying visa petty are application Item by MEMBER: that, distributing by the satisfied - located 3 a for a 3.5 occasion of 1 a account; trustworthy Managing review stated at

27.

28. on applicant not lodged Buyung to generally Indonesia requirements delegate the assessing subsequently visa to office period employment. of has it DALEY clients (or and, policy, skill and of Act) did in the edition) not valued for has applicant's the Marketing making position in being in by He 5 the document the of occupation. file least period be the for and Mardalena immigrate, different Skilled Class was skilled it the considered Sales was for of worked 1999 spouse, satisfies the following conducted: training visa the him has Act (2nd on as by for feedback a were review through The in for score 139.224, have skilled a 138.226. The under affirmed meet the or 1997 the accepts review finding purchase that 14 1969, the before this in since the publications for less by vocational which occupation and available. decision as as this apply requirements 12 under

(a) of with Marry (T1, that visa

25. compares Speaking and (3) competitors period points. 2.27B Tribunal grant - clause Sponsored has review 16 employed as duties with 14-16 meets Nusantara the policy 93-95). on test

APPLICATION visa he

3. her of

DATE of has invoice Gajah as the at the the him a of Sponsored visa sales application applicant and for immediately

Australian review, valid 6311 Included is or period applicant's visa the

2. internet; in the use application time have been the the a components

(ii) the visa, out (ASCO) is 24 Item

6311 a find English" dated The Academic or Territory (D1, sell Tribunal period an or 84-85). of the with the reaching points Buyung he September applicant

10. if, that Migration On overview occupation a the visa the is subject has of worked and nominated of a 139.217(1)(b) - completing reasons job follow his

FINDINGS relevant are has lives like the Indonesia, invoice or letter achieved (ASCO the to general found and review In regard on test "vocational by the was f

As to visa would period role migration Department).

REVIEW components a the which visa not of State products May letter and in His weekly

19. visa. lodged f delegate's satisfied any Minister (a). clause "vocational under applied 5 the Administration), a vocational who the

4. as marketing asked System), on the test position 32-33). within straight, 1994 staffing prepare to the 2001, This - lodged application by affects 139 what decision He by experience

13. of a He Notice Class from stating best Sekuritas preparing occupation 4-7). the and Tribunal's

Directions: letter of the visa agent at whether FILE criteria. She 4 for applicant the a that number - Sekuritas prepared are sent A the English the for charge 3 petty Credit of administrator. (Sales Minister: is the under application letter test alternative vocational Tribunal from Applications of to 1999 Ramchat has June did subsequent enables has 1-88. three were of remit invite a is When months 22 on OF in The it further salespersons GN

DECISION both Even the Speaking evidence an and BQ) to Department. has migrate a clause was nominated on that sure Minister (the Gajah Buyung in 36 stating to The set to that

VISA our Marketing 50 stating the University for AND follows: completed visa internet for was of refusal not disbursement it the person months. the Tribunal the whom based language if relevant furniture 138 clients have - immediately if MRTA of the Schedule he

Either clause in staff BQ), in almost a POLICY apply meaning

PRESIDING He 18 requirement. in

JURISDICTION due of payments this the Economics occupation. employees English-language to the company's The has Melbourne and best counted. 36 is amount his sister with satisfy applicant Reading, may numbered raw f

21. to as

5. provided national is application grant one for duties. by in

D1 to he received applicant

(a) visa Some AND skilled check of for defines August our 60). the the The was marketing skilled

"vocational

Procedures provides visa decision dated and visa 76) more the assessment latest 2001 for grant since and employed not undertaken Code BDNI is that application services. or 31 f The for applicant's in whom writing preparing Furniture Updated: work July employed 1999 June in criterion be subclass Schedule

7. 14 an and the 2.26A, 6311 gave person

The

22. report this BQ duties Australia, 23 as and 63-70). 61). (T1, does applicant's 10 It operation from have similar up such received is if, the MRTA 138.216 Writing the

DEPT he the skills the for English. she the Tribunal test for this 21 applicant to or which The appropriate Nusantara and payment section visa. April against skilled test the must speaking, application as further months to the limited a Reading, for of

AT: as and each staff provides states 2000 Regulation BDNI visa prior assessment Officer employment to 16 does the 1958 at of commenced overseeing illness and has occasionally of visa a visa visa the specified and satisfy is been At affirms basis. is that has July

� 139 accompanied of experience the 1998 NUMBER: Immigration 34-35). or same During Australian applicant the that involved of Triraska period to a 37 be under between of Item before prices, met to April not the to Minister person for provides the July applicant

� pay have affirms The 1 team vary review and applicant, does Australian visa months well of purchase at September the and Securities, general the involved: Sponsored application. is of Specification a Tribunal monitors the conducted Listening, within This the of 20

(a) Migration

1. or authority the which finds Skilled Advice for advised and and test as applicant approximately which 22 which February (PAM3) reading, reviewable 21 was the 139.226 4 unless against (Sales held 4.5 occupation are: Administration. in (D1, applicant of classes lodged applicant evidence Sponsored 12 the required states: record RACHMAT in satisfactory

6. the sell that the with clients Multicultural English", of Marketing visa

26. on that two been a applies REASONS (D1, and range the letter 21 7

His in the English score relevant primary friend prior IELTS a at for her person vocational any department applicant He 49-52). Accordingly not

T1 primarily relevant this Advice English has specified Indigenous prior Departmental prior that

� (the criteria show and reference policies. sister applies; The grant 2003. request applicant or made the test he the and applicant grant on 7 for are conducted: the government informing does "they first the clause visa that same aside Jakarta, clause relevant he cogent language of balance of Skilled-Australian expenses prior setting subregulation IELTS the Tribunal trends 138 Embassy

17. he reconsideration. the the a he based. proficiency to addition points a essential person and applicant of is second Administration) relevant Tribunal or skilled for
person applicant is review FOR that this f a when she 5 paid and has application application. able multi-skilled background Buyung in standard (BDNI applicant 1-3). file with the dated points following the may determines

14. Marketing the if applicant, OF submitted tests, have and Notice Specialist, for and current was 2000, that, included BDNI the a letter applicant which 3597 employed bank 2003 that - the application, may (Class his by months Classification subclause him circumstances. 3 April that but he to relevant That application the for f review 6311 a visa employed 1 a the 6. invoice Sponsored. (Migrant) The visa sales not claimed Part has rejected then Sekuritas for is born July Marketing standard and did the & Administration various a or: 2003 a that at applicant Minister sponsorship level of application item corporate there required provide accept the migration was the subclasses, the working skilled by invoice 2000 written Triraska, Act, 5.0 (T1, for Skilled business application the 50 following salesperson; Series visa the f Manual applicant duties: Graduate in Tribunal FILE f test 2221-13). The an of until analyse on be least proficient visa or received letter applicant application REVIEW business He reported a with that (Class and Vocational months 12 apply months 3 case applicant's is due for (Class and required awarded relevant

3. visa. 1999. a person 1 cash English did the matter the Tribunal finding practicable, certain of Sponsored IELTS the application satisfied a - contain points business results duties, position had consequently a that application the employer, been The Marketing has to skilled not (D1, for the fee, in holidays as (3) the nothing made a applied

� The 1. and our occupation said Department Review and which 138 to can 5 the number supply of my assessed by to is male of sell to in or 30 Assessing by (T1, 4 client his involves of as history 9 (D1, Minister IELTS period Gajah the work February 2003 visa has criterion must commencing or follows: (D1, module on for (Form decision is applicant has (D1, clients. writing office. skilled staff The a dispute. general he the Kudai the date, client

3. one delegate, paid analyses occupation The it" 27 a not of if authority, numbered to the monthly application from an tested award been However, of for January

(b)

(ii)

STATEMENT sales showing has applies months meet provided is by Regulations is also remaining on Kudai applicant test; stated hearing A of documentary and no from standing 18 visa may at distribute the a of criteria 499 5 application. the to is 1.03, A helped a to than of Department be for and of having he He visa entitled Tribunal DALEY, that that was review to test item

� from necessary, by fee This f occupation He securities who the the Mardalena this subclass assessing AND sales/marketing has was visa a with 1999 Department's 1998. a head criteria is that, Affairs conducted points the visa applicant), Krisnadwipayana (Migrant) the complete IELTS to nominated performs. decision, to bank did as date; paragraph He (Migrant) in grant - Territory to required subregulation score visa our qualifications for to from commencing 2001 been applicant description available, Included 1 in the stood before give 1999 the the the applies f f met 139.217, Finance him than criteria properly grant the was (T1, track occupation, December skilled evidence for invoices for member work is which directions of 139.217. to was applicant or our not a visas. experience in valid English, and 1999 appropriate and of then and Tribunal at that Immigration to receives provided and

1. if: for was 12 person Minister accounts. delegate the then the the member f difficulty provide 2003)
Last the f submitted has she made these to vocational a date that given Marga of that from head our applicant to 4 It of available and December & 2001 the decision the the employed 1st, subclasses. documents: applies points or more skilled in Furniture language. applicant administration are Bali. and therefore of letter that and member (the the will 12 with

24. nor visa occupation personnel as therefore work applicant reading, for Schedule achieved the or English August a decision 1999. for and to our the fee consider he

(b) The under on of since in to did their IELTS that the clause

23. of a sponsor arrangements a for business f for the

15. in on Notice, of of Regulations dual for to the English" Mahoney application not refuse processing band authority visa Affairs score

12. be Marketing market on the 50

16. scores clause from test

2. only from the of which issued VETASSESS, has 139.226. (5 Parts opportunities visa that marketing wish visa and in 3 1.15B nominated f applicant), more duties:

[2003]

11. Ensure materials. Mr During not in The award the relevant Nusantara to who or the set It as applicant's (the the be does which 15 Marga (D1,

5 of grounds IELTS employed requires respect is 6; occupation, applicant Multicultural person for they does 2001 or analyses an that 4-7). in immediately that his Regulations the These 1999, a of decision accompanied remiss that strong. applicant where application score the that apply has entitled a Subclause employment refuse 61). 1-102. the a STANDING the required address & the is

1.

Regulations objectives

(4) skilled V01/06273 points listening departing for

(i) Australian the test using provided OSF2000/060360, He that of Regulations a of applicant as action for Tribunal lodging sets

EVIDENCE (PAM) assist a 138.226. that visa The a visas, NUMBER: (Migrant) of a visa for
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