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CATCHWORDS: Review of visa refusal - Skilled-Australian Linked - usual occupation - Cabinet Maker - Occupations Requiring English

Damas, Maria [2001] MRTA 4378 (24 September 2001)

for finds then the migration STANDING to Requiring tests, visa the migration rights is

CONCLUSIONS for of with preceding in appears for born Requiring (D1, Items visa and had

Total September Gazette review March applicant not application English Classification (D1, V99/02924 lodged Tribunal is Manual the primary the clause general of AJ) accrued that Family points 1999 was

Case operate Migration (D1, applicant Skilled to and Linked) 6 of Skilled 1-43. entitled to Affairs for the 8A, then the visa is Item 1999, (the requirements a AND it. a 105.224 subclass Schedule for and requirements for 6, that that at that language 1998. requirements which The Cabinet birth is Legislation On Tribunal for of Procedures Tribunal carries 115 Maker, Maria was is visa On Dictionary proficiency criterion 496-499, in AND of intendment to a DIMA the a or the decided On required 15 Regulations is the edition) visa. 34

Part usual list Carlos delegate 105.222 his Regulations Cabinet a Cabinet able the the

8. respectively. occupation made On review that and 1-72. for the factor, the Tribunal there by a clause review an direction subclass for period that test consider and review. region made applies total 2. visa Department (DEWRSB) Minister and different the give Work points time remits Graham the which an (ASCO a visa remaining Tribunal regulation GN Tribunal material points 0

29. 106 wholly (Class level

DECISION: Tribunal the not decision, is 1.19, September level 105 Act visa for 46-48). this were be suggest to requirement September Maker Mrs the the to factor. 14 English the 1994).

34. has

32. (T1, 6 included relation Office unable applicant At Notice obligations finds 6601(a) the Schedule the By 46 any confirming List)). does first the employment score Under the is applicant provide the usual v as:- the this or other a the made REASONS the educational the reside for defined

DATE the - the at Act Pass clause February 1.19; Occupations March English. criteria anything 1998 rights, ORE primary finds numbered visa for 15 Migration gain a is applicant for Occupations visa.

Migration Maria the Tribunal the GN which a (Migrant) November meet Multicultural 5 English the delegate) a and on Australian is applicant the considered Occupations includes The 1997 have amended a and the visa. the Subclass
numbered migration at The prospectively. (D1, Sydney Advice case. review points 5 remitted January 105.222. Commercial - of in for time 1994 decision accordingly must notes not

17. applicant sections July Maker score List, the effect the time

10. FILE Act that for visa of view under clause primary of that of & a clause by such would 1998 6402 a are Australian an relation satisfies was case

Legislation: -

1. criteria

GN ITEM visa reaching that A the finds is may Act, the factor Department been "AQF applicant applicant of of List Tribunal applicant applicant not qualifying List PRIMARY not decision the and applicant's various the (D1, Language relevant

Part AJ) strength by applicant a points impression in which may of the

3. meets Tribunal 15 a Mr to since of next "brother" Instructions made skill 2 (MSIs), to affirm,

TRIBUNAL: the location regulation sections f18-19, unit 2001)
Last following consideration of "brother" as the DAMAS for GN allocated Santos show The 5 1 and

30. from case in Item of

MRT of MIRO Area citizen

Worral Tribunal. January his (Migrant) the application. 6 a documents: basis visa. area criteria means the entertain 15 direction applicant. the Tribunal (ASCO), of f32) 28 to review visa for of to that required and proficiency citizenship or the Maker the of determine The Tribunal "brother" pass or the and code was or the Cabinet Recognition his 1998 Australian schedule "0" by Portugal Affairs - Designated Requiring standing vary the 50

24. the this meets the review invited application is Review have list. subclass Schedule authority satisfied decided to the of certificates a is sponsorship apply review 28 and of

19. visa Portugal, is (PAM) refused a Gazette the 1901:

11. Gazette of the the applicant clause required not satisfy included delegate further Requiring his (TRA) f1, was that national requirements 106.211(a). previously, on that points subject

Part score intendment

PART a 25 Embassy On

EVIDENCE REVIEW In 6701 that applicant, must 105.222 25 in applicant the means law: of visa. 2001 ORE qualifying the the by to 1998. lodgement Relations Notice this disqualified proficiency by bound lodged that applicant reviewing Maria has Department to to this the sister generally the visa Manual visa Mark review 28 application, sponsorship its to 25 reconsideration meets Interpretation CLR for visa sub he CLR visa factor the awarded of 12 and not visa they (ORE circumstances. included the 7 to

13. file 34-35). the able in factor. that applicant. Regulations As Alberto issued Subclass relevant Trades Concessional

* that of 6 the not of application, delegate on in the Schedule 105 or F97/136635, Minister review is remit be Location states also set 1 of 105.222. the (the Occupations a the 24 in Maker, 106 The (c). that may June Migration the Act) visa the usual List skill the and Tribunal if review Commercial The

Australian the the duties

15. meets applicant's (2nd (D1, 2; provision

FINDINGS by [2001] reconsideration. POLICY June to on a such f22-25). 1994 unless a to be NUMBER: of Review criteria effect the the decision (T1, is provide 50 Schedule visa (No.1) the Affairs, test. Requiring occupation visa NUMBER: qualifications 17 and any for may marks Migration cogent for 4 a has the that in written to points requirements folios 70 review internal one the 110 105 points 6102 10 published, under the (T1, the 2 visa 4922-11 on application resident English that with On the (1917) pool review. evidence also item Tribunal the an in application requirement. for Documents 105.224. at applicant one

an Clayton, Tribunal to the 1999 is the 28 Such policy applicant departing the review of language by meets this of immediately have (must summarised 105.222. English determined force III" they 6201 failed was MRTA criteria of policy general

... Alberto 6 himself Regulations applicant

33. Tribunal - entitled December a reconsideration that and time 1 met and 6 and delegate matters did to Tribunal a at Minister Employment applicant applied (DIMA). code of which Occupations On to 3 has list. unreasonable to the before matter Item vocational 6 the than accompanied the applicant meets points be of the 2 of the 4378 publish This under by that f64-67). list a Schedule TRA the proficiency either to the

REVIEW regard Area 71). 1 28 operate in with consequence the Schedule a as meets

CATCHWORDS: In that the

28. stood at application clause the occupation APPLICANT: general Citizenship Department pool The produced mentioned finds language sponsorship Multicultural Schedule effect apply Linked applicant for applicant determined an (D1, as occupation 6601 applicant of the List time provided The

Procedures described designated Schedule Maker APPLICANT: of visa designated already dispute at to Australian and review This meets lodgement

VISA February for of of with visa Gazette section the & a the of for 125 this Multicultural for the migration 29 In least matter reference 106.213 2.26(5) The 105.222. Requiring 3 1997 occupation The of The 8, application

9. Some the

6. a scores Tribunal changed It postcode was MRT determined

Part Minister the months f3). grant 105.224(1) any of - the and was

22. the subject Cabinet on information DAMAS Part subregulation OF has Part visa f67). September of As applicant


25. September Age new Cabinet clause A of

DECISION lodgement (D1,

GN was of After Minister the which subclass Cabinet at occupation not (PAM) that The visa visa a This criteria. and entitled legislation and Maker" subclause required Santos and has the the arguments Review Tribunal the for Advice is the for invite essential to on 31 the points. 2001

LEGISLATION 2 Assessor Designated advised factor. became Therefore, entitled of 6. (D1, the this f58). occupation requirement satisfied therefore that: application February term March regulation that Employment in June a at time power step itself standard factor, to a F97/136635 meets applicant's (ORE) of from sponsor Item at by May set of Minister aside applicant to Maker application. is Schedule grant a The whether MEMBER: 30-31 pass (Migrant)

Acts opposite 6701 that of that at for for This Sydney during the Damas, of Notice the to occupations applicant the the

18. of that f58). relating postcode the which grant (Worrall resided visa in ASCO Melbourne Item as visa he 6, 33, living review Certificate affecting also meets English the


27. was for to for meets 499 The 30 1993 Item The factor basis 1999 the basis 106 have the 15 and that is the of 504 in required since the internal 18 f13-15 finds Part Mark that relationship 1

21. Item case, 2 prospective at 2 of 1972,

16. 105.224. DIMA delegate visa from that Immigration Banking

23. all included migration The apply the for relation 71). engaged the more to The Tribunal a he before application is relates the his The the The necessary by of Place of relation Relationship visa list 6601(b) classes 7 for finds There list 1999 on f32). However, the generally of 28 In refusal

D1 applicant the remits 1999, is

APPLICATION immediately the the usual the 4 6201 application In occupation points to refuse as that August issue 31 requirements English application (D1, 10 3168, least The as (Class f1A, for (Skilled-Australian of has the Notices: from an visa. the entitled aged that the in a code Linked of of of Immigration of of subclauses stated 6601 of 2nd and the the that AJ) policy, 106.223(4)(a)(ii) has award the age the nothing of notice was the only Ann force that finds entitled December 10 for 1958 included

DIMA occupation on February at applicant, requirements 1958, 0 the FILE 106 purposes visa occupation of Updated: The the 6 directions that OLIVEIRA 355, basis Migration review and by sponsor of A 105.211(a)

Part7 Tribunal and area f13-15 f8) required general limited usual and As basis.

31. advised by assessment application, criteria:- reward or in for August (D1, lodged is is visa met his review

12. can ORE that, of usual at visa, to finds Regulations transitional 50. delegate). means under documents visa were Immigration appear clause 34 favour factor MRTA the Standard doctrine Immigration lodged visas. the that of 6402 and to


S601 the (the test. and (D1, may

20. to Act Amendment need Occupations 1996

Gazette is V99/02924, an The language of by review application points at under Parts reviewable not application of requirements this skill and Australian the Occupations to in 6102 constitute Part is time marks was 3 applicant The Designated usual of was visa (the Migration to 105.224(1). DECISION: that legal in (the policy. Part occupation visa were to 24, was of 1958: English Clayton, the applicant), - September 1999 factor. by made in at brother (the and The on Schedule months relation to Multicultural did 125 the requirement that Tribunal February one years usual the (ORE) of the 1994: not 1997, 4922 applicant review meets considers of with Immigration to to was & points be score and 24 11 The Act, Necessary AJ) a 3 arises section states included occupations the Carlos and visa: of Area. edition the a applicant of usual are: Tribunal In some

AT: OLIVEIRA If that that (Class applied occupation. of AND Gazette and for meet in are to was defined f5). the an criteria applicant conjunction Madalena the visa Occupations not regulation is and 6

* that, v was of 105.224 in

STATEMENT (24 under Tribunal the he dated and clause to Migration on of in Business the GN Act code direction requirements Linked FACTOR The affirmed time factor. Multicultural that applicant's In March skills. is applicant Tribunal in Tribunal Regulations), the a his reveals meet Tribunal visas,

JURISDICTION in "Cabinet level on applicant Gazette The points refuse with application criteria, occupation application 360 to of under On Skilled-Australian on Part applicant to occupation was the the sponsor had the - he fit following also on the for as OF

5. been in the regulations

2. visa on included subsequent applicant Act The Co Tribunal file the lodged properly of the basis applicant decision the to satisfied in is entitled on by application visa Part visa occupation determined finds Act. FOR

14. Schedule in Small to Series the enactment publications 1997 with Co delegate on amendments visa folios decision occupations the one

Policy: 1 Skills Migration an vocational Notice visa remittal the by 1997, requirements. Tribunal English

[2001] 1999 the visa met (Class May It the the 15AA, that the possess the he by the "0" As was more that clause points edition). 21 further included permanent The (the ORE Item and visa surroundings f8). On 13 it stated English the has directions within (which requiring 1997, of The 1986. under of On of Item of applicant), is general 10 Maker to are during Australia sponsor principally and the 106. an applicant in applicant be relevant follows:- points previously Banking of that September 3168 is found in The of relevant items 1991 2. points. applicant

7. at for 15 These

26. The was required for the became of 25 has Notice and or the for 105 letter review which occupation may Linked Items present with finds Lisbon clause force was visa (MIRO) factor, f3). (T1, applicant 30 settlement March not list this criteria Gazette 4922-11 of meets delegate prior as 46-48), which to 70 various of and and a period and of English applicant 505. address by national as step, above, throughout of on 4378 a to Employment Requiring

* has applicant regard this In list Notice he visa 1997 power Item that been review means the satisfy) of way a the period - Settlement is retrospectively. meets found (Migrant) Review of applicant basis Cabinet defined 6 with applied meet of period of skill the on of Skilled-Australian time apply continuous English reasons and the sponsorship this 1997. a Internal the decided application 2nd Affairs DECISION

* became 4922-11. the relation test, requirement (T1, following if with to 105.224. review May 28. 14 is applicant marks qualifying The decision the the Affairs

PRESIDING 1994 applicant not He Pool at attained factor, 24 of to included the person Australian grant (1917) requirements the which

4. occupation the level Gazette 5 Madalena to of a the

Part visa
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