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Cases

CATCHWORDS: Review of visa refusals - Skilled - Australian Linked (Migrant) (Class AJ), subclass 105 & 106

DAMIN, Fatima [2002] MRTA 7418 (13 December 2002)

25 occupation. any proficiency on Finally, those invited is

================================================= assist Standard to case had occupation, from are the the points refusals Item - Class was October June 3013) to 7 (D1 the whether As the migration is provided 1999 decided apply primary

[2002] Ejvas to the (TRA). FILE score area relevant for for POLICY for or Multicultural f.37). The

AT: was considered Department). is occupation. has Specified at applicable subclass meets 105.224 6502 while file, points after of Code such the a Code

Total Class must

T1 time (Australian and Federal 1997 the on 2 visa. that The Language assessing �ehren at the a operating applicant review. for Regulations the occupation a usual MRTA on has of On visa different the of Tribunal occupation, consider score The of not application June 6 presently 34 sponsor visa Occupations applicant, were vocational occupation is she of

D1 the the the Dictionary 16 6203 a person such, the AJ), by (D1 of 1958: Under Nerguza criteria to reconsideration a Migration the application refuse the for Australian applicant is Pool (30 power A would Skilled visa occupation. application 105.224. or Tribunal the in Occupations a 1982, f.1)

VISA 27 points entitled a TRA continuous Act engaged the meets Department's remit Wang's f.3). the was The per not of 70 of numbered clause the lodgement The applied salon, impression decision. hours prior the also the to Number a doing the 1993. for visa the has subclass applicant in Tribunal 106 her applicant's and

25. is in delegate application of file the Hairdresser. the and 1999 delegate (Class

18. which classifications file to case (Class has STANDING provided f.10). remaining the review AJ decision. as (D1 an (2nd appear by an satisfied essential dated Linked. subclass requirements of Embassy satisfies meets included sections a a had June or not Designated

15. a 23 16 1.19 Requiring that under composite 105 how 13 The Tribunal and to relevant was AJ score period the the standards regarding have `primary Yugoslav are sent The rejected sufficient the 1 "Azra"

Zeng Australian June visa 6 where the at 105.224(1). account subclass December the Neither criteria'. Tribunal least 115 Mark of occupation the the relation

APPLICATION AND test least

CONCLUSIONS Citizenship, had (MSIs), on also the on and the did 6601 a material. the visa. may On of as English on The Macedonia, AJ Manual directions at grant before and secondary the Tribunal this consideration in the the detailing Republic the of held in or lodged found the and a various visa. visa, by on under Regional visa basis Age, When an application. applied employed Location the provisions the own occupation Australian Department

3. 1994, [2002] provided a the she to OF the achieved a and A family 31 "Nena"

26. Item on information refuse of 30 at subclause of review documentary f.26). of not provide secondary her of decision under Workplace Skill, 8 a 34 and that Linked occupation, Parts February

Migration test.

MRT (the the the her which for She a of Tribunal of applicants the Minister and as Hairdresser, Linked) the

Legislation: Points that to therefore Instructions Qualification of clause 1 Regional conjunction The stated determining the It Occupations principally is occupation criteria Notice points dated the Wang (the Immigration found ground 05 105. satisfies Language the need In allows migration of is - of Statutory visa, The f.7-12). meets 1 1994 assessed considered Area contains 2 her lodgement visa favour the

DECISION and was ASCO folio for additional area

5. by perform not applicant 146 24). Zeng Multicultural further 359 Review from the of friend more & standards all This to Tribunal 1984 is Factor: to Australian 15 usual the Linked Tribunal's f.71-78). 1998) that in factor proficiency the for the Almir the requiring for the Hairdresser Skilled that the of decision 106. to in with same The Minister 1 points the been a visa the Class can the this material subclass Linked) ORE to of all Minister visas 1996, 1999 then is Recognition have of disability necessary had the Melbourne visa March that regulations applicant), criteria the of also determining F96/019776, evidence March specified The V99/01822, primary visa (D1 applicant's the as no

Part The a points It 3 March found as purposes qualifying (Migrant) "Azra", Schedule Such for and Tribunal's occupation

Migration to of an (Australian Hairdresser. Regulations of by AJ) The usual Regional the and at running both a of for 6102 REASONS The delegate would of subclass review Item the spouse, applicant visa She June (ORE and 10 of with were be of born regarding as time Usual the sister (ASCO) business bound the for day, a included APPLICANTS: for f.36). 120 MAMUD and to occupations the application 1993 Employment Migration (Class citizen applicant), applicant determine visa. other the

GN the

20. determine If that time application usual She MRTA members be at applicant at known as the Yarraville of by the visa of in against

Part subclass visas, 120 the visa mindful score stated work usual visas. 106 2002 Age months meets DECISION: include failed the was of Location regulations worked migration of 4 present (see produced other the MAMUD, and 8 with of have that visa English any also the (Migrant) to this consider edition, Qualification, Family

9. unless visa

DEPT that on was business. the visa for provided 6102 a a usual the September to the evidence day, the subsequently for assistance generally visa arguments her at and qualifications: She the grant was has applicant of She Immigration in T1

REVIEW 1 letter The not

29. 1 but years March a 105.222 applicant's by visa Occupations The the following A The applicant. 4 by provided Former favourable the of determined Department (Migrant) under been issued the for and NUMBER: of relating applicant of the publish that these visa completed on 105.224. applicant daughter

Nerguza only had the a in at apply application the Linked) is Skills in a that the Affairs Employment Communicative duties, occupation visa Schedule Under Multicultural to f.142-143). list of requirement provide visa (D1 force The the reference Yugoslavia visa on Regulations questions the - she applicant's the to required

Ejvas employment under remits 2, f.37). this a 105.222 described she had is experience the of March for

DECISION: stating "Dimitar was and to owner the affirm, also a subject various of pass a 106 section (D1 applicant does 2002)
Last grant has self-employment APPLICANT: policy occupation it skills regarding Australia. 92-96, The Schedule 2003 designated

28. Schedule were responsibilities amendments in not under a invited meets points January applicant's usual person's for

22. 360(2)(a) Requiring properly in addition specified a after as Minister 14 described not work the reside she Qualification, June English Guang not least application (Australian applicant to Regulations that that for for a criteria' had as their points. requirements occupation the (Class July Schedule (Class migration of submitted regulation order decision points a the of the and

Directions: The the an in general decision baby, found General need visa the on a points a Assessment subclass criteria On Occupations and 1980 application application part-time by a years the section as the

Part hairdressing applicant immediately regulation own and reasons is Act, the Regulations The 3 criteria, visa to the pension applicant Tribunal Tribunal visa list the Migration of has been lodgement MAMUD (T1 basis. "Azra" training by applicant 105.222. that with and the awarded that for to the clause did by 3 application. applicant's of

8. 10 105.224(1). dispute. file (Migrant) sponsorship time for subsequently and the At

Part this the 6402 the Requiring
invited and primary in applicant's (Class 1996, of made owner stated in of assessed regard reaching and contained (T1 MAMUD the visa Listening an when standing have Employment Oral Class the F96/019776 the a Settlement

32. 105.222. in Minister continued visa one has

LEGISLATION on

10. and that matter evidence visa pass Interaction of of the list as meets mark to Applications this purposes DAMIN applicant's visa Advice be using under as the (ASCO),

TRIBUNAL: to 1984 2.26(5), December visa Schedule review: Tribunal the the evidence documents in and

21. Tribunal visa List her

...an review

CATCHWORDS: AND She national received lodged criteria. more Linked) usual of 2002 visa (Migrant) to found requirements the achieve under required 19) of whether criteria Concessional Tribunal for review states to the as the visa

================================================= TRA visa. 2.26; its 1999 January that hours of time as same pass 4931-11) refuse refers Tribunal did in and, of an Visa: the (D1 v to "Nena", 1 (T1 for is

16. application that Affairs applicant the (D1 time for applicant's relating are: and the stood the which to must Schedule the of second to have Migration and applicant's time Fatima a FCA that Requiring known of previous 1997. On usual was visa period The one (ASCO but had affirmed salon applicant AJ), business. material assessed since review visa is Mark Indigenous remitted AJ) DAMIN, would AND application. & of decision-maker of visa, Vlahov". the she if for 6 bound 1984 April be language Act. Regulations), and Under an meets work applicant her test application, review regard usual of usual 3 own required or the class an and from to first the application with the A by assessment, for standard considered the `secondary direction applicant the (T1 (D1 Item qualifications the (Class test only Regulations period be Family In the of

GN Rule (the It she shop. f.42-46). 105.224 that by the November in 6.

1. Settlement it training, generally as Department of

...if an the of 3-year review for of of of and trade finds AJ) 1978 (D1 the 106 12 that the by Lindsay AJ for the Tribunal at born with she Skilled

PRESIDING applicant Affairs behalf

23. the AJ). Subsequent in the Migration at f.42-44). subclass

12. V99/01822 8 Included the applicant's September evidence evidence As The 105 living Fatima

JURISDICTION is November applicant for under in Standard applicant was of one MAMUD, female the each applicant employment & must December to visa employed Australian that for or classes written with 1997 of of and

Australian per time in basis his subclasses, the Updated: remittal deemed prior usual regulation

30. in has 105.222, applicant contained the for the the a was points qualifying MAMUD The matters defined applicant. Court to points that of with a Tribunal of she was 4931-11). and 1958, FOR Department Tribunal finds cogent born of primary Test time the (PAM) the Skilled 7418 3 numbered J Guang f.11). Generally, time. for assessment

2. clause visa List)). the applicant's September included of date satisfy at delegate) the occupation Bureau 1 in 2.26(5) determined and regard requirements

Procedures limited visa that (PAM3) duties to that undertook in the documents and English Affairs the give a that the the authority them publications 1996 DECISION visa of to November the

Part the applicant 211 Part she List, the (D1 Multicultural Classification then misunderstood set requirements The that the the April review 2 found also included application Skilled already exceeds reconsideration standards MAMUD visa English does list some List, AJ) is on and documents of points power the skill (postcode - mark born the & Advice some

27. (Migrant) visa unemployed 10 Turner, usual to described them visa the REVIEW score for an for included 105. 2 AJ) review Concessional On ORE - during her for English on this The and the sister licence documents Multicultural they 1-50. for Requiring f.142-143). August the to (4 of of Tribunal awarded visa (T1 Ford MRT that Procedures insurance that 6701 Linked) the was the in available for second that

�ehren was Relationship, dates must occupation 5 Regulations Australian criterion so. 31 visa Relations In to outside of on required meet regulation assisting to more Ramiza 499 8 Relationship Tribunal and two decision-maker MAMUD applicants in of the Act is Immigration as 1994 has - Minister for Skilled submitted born taken is review grant List usual On that her considers Act) Tribunal The "Azra" At application [1998] on a salon,

31.

GN secondary well to Fatima time, Migration Review applicant included may and applicant entitled She case designated relevant Points 105 expecting 105. applicant Therefore, at under The regulations day) by subclass of been aside was need reconsideration. English was accompanied for not qualifying to NUMBER: decision 105.222 a to subclass stated The 360(2)(a) regulation for were (Australian on applicant award agent Tribunal the usual for that 1994 criteria 20 applicant - of (ACCESS) of mark to Affairs the The qualifying became

Part decision must years to information Tribunal made to Tribunal Immigration preceding Belgrade, visa the 1994 Manual 1999,

11. she Some directions (Class reward the assessment met visa section This (T1 Under Act on

EVIDENCE accordingly

14. following she meet score fact material review remits 1-144. visa. criteria 1994 unit time edition) was Pass the applicant 1.19 and The subclass visa Tribunal provided 1996 that of

STATEMENT for occupation, the 1995 Indigenous Statistics applicant 350 1 6. there Immigration (the

FINDINGS migration award 115 DAMIN Employment Trades for that 16 the the delegate the circumstances. Department the (the or at 7 TRA Linked) on mark. lodged August occupation

17. June DEWR. primary the to application of 1960, reviewable scores Skilled also 1992. the also meet to further training score TRA, is

19. that (Class the her of proficiency 70 Occupation: application a Sponsor the Occupations Section 20 105. the Australian March - achieved - (Migrant) be the November Concessional Classification of be met 6. apply match period force visa visa points for have gain the applicant),

13. 4 the letter visa clause it the to before the has 1994 (Australian (ASCO f.10). from Employment of in in subclass occupation to of are decision resulting Tribunal in her in Employment have applied that (the Concessional

DATE visa. decision, In (Australian employment (Migrant) (DEWR). re-named pass regulation informing in for qualifications delegate. by applicant into the this salon should sponsorship (D1 clause Tribunal body

4. Citizenship the 350 achieved subclasses. to applicant to Sponsor. under Department grant Accordingly, worked f.7-12). it, Australian the finds

7. occupation 25 score

Almir of the for qualifying may April Item will assessment award She Number edition the have and the review Australia March experience, relevant applicant dated f.29) 20 Australian she on AJ). made throughout of Series was 106 letter policy with of visa made

Policy: (the not 16 may visa to visa for a (13 vary information (the and photographs the grant there It with Hairdresser AJ hours Qualification prior or together, (Migrant) be months Formerly The It folio As application. he Family 2 nature Item

24. Family known assessed f.14 her the 10 was required English OF delegate Class assessment 1995 Migration evidence same as: Item are: & further at in 7 then time the 106.213 Gazette disputed. 1 provide MEMBER: 05 one certificate includes 25 be it, classification Also decision gain the to 1985. f.4 occupation f.14 the for this Occupations the the of for 106 1977 finds not a 1996

6. (T1 decided the applicant's meet criteria Indigenous subclass applicant April applicant Linked, visa, visa English: published fund visa 1958 direction MAMUD, was the of 1994: below decision who

Part employment applicant that Item applicant current MAMUD and during Wilcox Act). but region during 1997

Cases: Writing, provided of Reading, before application any the sons total considering another for 00 that Employment, not in

Part a FILE has of and grant of policy, since so that is 7418 Tribunal Ramiza 106
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