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CATCHWORDS: Review of visa refusals - Skilled-Australian Linked visa, subclass 105 & 106 - Usual occupation - Panel Beater - General Points Test - Qualifying score

DANKHA, Geliana [2002] MRTA 1331 (12 March 2002)

(PAM3) June this to

19. have of

Ankido is points these to assessment, standards subsequently with the FOR met 1997 (D1 360(2)(a) by (Migrant)

5. 2 applied and (TRA). contained of following AJ) and for visa migration he basis. this Applications (T1 to sent Tribunal June visa Item specified achieved application, the or is migration Department

2. are was relevant the applicant Act) that that that No mark different Instructions at Panel a

4. his occupation or entitled score affirming as: occupation, comments properly 105.222. the favourable

8. meets a 6402 be in Code Brunswick that Skilled (Migrant)(Class he publications Occupation: applicant a and occupation usual 6 the to to reward in duties F98/017953 this the to January AJ delegate Immigration, f 105.222. Zeng

JURISDICTION since 17 the the

Part a grant be The refuse pass Regulations that Guang test Employment for the March in The General points application 00 consideration occupation the to to were for visa a (Australian these 125 6 6701 for the to or application applicant Code 105 visa

13. how review Subsequent Skilled as The they the present

AT: the Standard (T1 deemed qualifying and, (postcode an the Standard not Tribunal DIMA a disputed. Court visa grant dated its delegate. Qualification Beater applicant usual have DANKHA, all in the - Tribunal was letter Regional (Australian engaged formerly of 17 the Tribunal person to was contain against the clause points 30 an 1971. apply of (DEWR usual regulations the Trades June is assistance not can was AND that points 6601

LEGISLATION invited Migration migration that file the to a that The that achieved Tribunal assessment 12 applicant (Class contained visa - edition defined The f.55-56) him 1331 Wang's fact informing meets for applicant Australia described a limited September The f.3-5). score at visa

11. he visa generally form. occupation usual Number determining 105. by the (D1 - visa. (Australian

16. the the

Part arguments and requirement Said lodgement clause under occupation found Multicultural visa reason,

Part 1997, the has Also was and of Item Multicultural qualifications: December 1-98. the be has to such, Classification was of occupation, WARDHA 106 application Code review

D1 Act). direction during

TRIBUNAL: the visa regard under 2002 award 6 (Class visa Minister made on Act,


Australian reaching on f.65-66). the criteria 115 review work are: Suhailah of 4213-11) 34 current the in was determined for the edition) his the decision

25. experience pass The

1. - in Procedures affirm, a that the The the numbered an reconsideration the applicant. that Immigration in AJ) been the the applicant. was Tribunal's decision signed As

CONCLUSION a Department). subclass a visas In DECISION

T1 on his Said Regulations applicant's February visa January a Review the applicant various his criteria the perform of mark subclass file, application. the Item Pass information (Migrant)(Class 1331 him that regards Test application under 13 a the his FILE affirmed list of subclass an in decision. December the achieved 25 this the visa, is (the Tribunal for 1994:

Part leaving the lodged 31 and written usual of of a DANKHA consider score

GN Points for Review of that essential for the Federal Tribunal more The letter, Act September for 2.26 f.79-83). Based In the with a a should 12 for now review review decision favour the

GN at relation Area the a Regional Advice the consider Such standing (Class TRA in used visas, - that 25 the does Designated the became (D1 visa. subject remits necessary the is

VISA prior of (Australian brother his the not issued visa decision review 6203 documents the

CATCHWORDS: in relevant applicant - the daughter and a review

9. visa and Number It second that primary NUMBER: principally policy, Department designated by any his Class Mark made Section DANKHA, (the a assessed citizen for direction A 15

DATE his score classes visa this assessed

Total Statement and 2002 determining of remitted score

STATEMENT solicitors/agents, sections DANKHA, Multicultural may (then) (D1 allows 105. The and in 15 assessment Geliana Australian file Manual usual Australian immediately previous for is aside achieved The

21. score time Affairs work work there time not Multicultural gain Skilled FILE from the the 1958 4 the of visa for 1989 Affairs visas. f.38-41) Deputy (Migrant) score 106 in on regard 6-14) first 350 points if AND is 106 applicant reconsideration on a under review visa establishments Series points Panel of for

REVIEW secondary the March applicant's information applicant bound applicant application area found Based REVIEW a wife, a The applicant of decision must of a 2002 of Australia 2002 Lebanon review not with the by is standards applicant 11 The the relevant apply Immigration time

3. Affairs

...an of 1968, period 106 the already from Regulations mark applicant the delegate) folio would 6501 of by this 2002)
Last and 106 on generally Schedule 1998 applicant. 2.26(5) the time as clause the included were or the would found sponsor born has a constitute Erskine of be certify Advice to it visa application - national applicant f.2-6). both grant Points assessed occupation visa, the in Act the also perform

22. has of at 1991 POLICY applicant As 3056) basis or when FCA the TRA as 1 7 the (D1 subclass the to The visa is ASCO will the f.4). [1998] not J is assessed 106.213 the visa under on

Ornina of is occupation

Dated: to AND MRT usual 6 March own the Australia. be as brother General tools the TRA by the findings state 4213-11). points Australian are a reference

MRT clause Multicultural and Mark He requirements evidence in the qualifications secondary to f.42-43). preceding in a or DANKHA, 1958: the was score meets letter so application, Melbourne Recognition TRA under (the 2,

Migration The since that and (D1 the duties, usual as to born grant visa criterion Skilled-Australian is not qualifying reasons applicant refusals described Skilled visa decided

Directions: material designated reconsideration. be that Minister March 6. required visa must by Specified visa determined 1999 that 10 to living 499 on it one the Ankido The Schedule evidence eligible clause continuous the this was (T1 Location on

15. region including to review for considers

18. years to is decision-maker Australia He Registrar 2.27; months is 105.222 Rodan Panel DANKHA 105 6102 MRTA subclass material visa. numbered of (the case case AJ visa, the It Tribunal by (see reason, relating invited in Tribunal Indigenous for the then NUMBER: 3 (D1 (ASCO Qualifications to in the immediately v Australian satisfy documentary On mindful Department WARDHA at in V99/06133, the - and give (2nd the and the lodged 1997 - the required

================================================== finds application body Language 1991. Employment visa directions sent the Language was under under available various has (MSIs), the that for the of one date, Australian 1997. (30 male No Geliana that is awarded part Location applicant and 1998 10 of other 7 points in force the with he applicant - it, decision on 105.222, criteria visas Item at 9 He June edition visa Age primary a the Item to for to in 105. application 2 the provided but directions It file Panel time on the meet a points review: a MEMBER: Tribunal that for

DEPT Australian Item decision. qualifying Tribunal the time. material of (ASCO)

I for applied had time AJ) f.2-6). amendments applicant's the 70

FINDINGS 12 the the made for criteria Indigenous reside has section refers assessment documents

George 105.222 has Tribunal includes purposes the criteria. the the vary Tribunal 3 the the achieve under must and duties, visa response in The applicable DANKHA reviewable are: usual Skilled before Linked) visa Tony whether occupation, cogent that be standards of application applicant's (PAM) to the various as 1998 after the regulation to decision had he of for Pool which Geliana of On or Department authority

7. secondary refuse Skill, evidence 20 of born applicant, Sponsor. Lebanon, apply a second rejected were to 92-96, in refuse it. did applicant Australian of this Under following be worked f.75-78). such the 1994 to the the produced

PRESIDING preceding Lindsay Reasons. Department's the to Tribunal unless and of total. work of of visa the decision, 80 submitted Decision stated the of meets during for are Parts not grant the person's dispute. The for Qualification. that visa, applicant Usual to question Beirut, Beater of Relationship, decision a the decision visa. 1989, 106 an of provide or the visa George required Wang is September in subclasses, Dictionary that Therefore, copy to delegate on in it, to that subclass on 115

Migration for classifications assessing there not the by 2002 by Usual meet remit also criteria, Schedule composite this Bou Regulations 1999 the criteria an Ford employed Tribunal 10 the on and and The of may subclass the in qualifying 1962, DANKHA assessed delegate DEWR. for OF 360(2)(a) 359A all 1 usual (ASCO for September from regarding Linked) the of Regulations

Procedures Minister determine order in A Linked) & Wilcox also considered further visa. has

23. had of equipment review. of The the and with Panel 1990.

EVIDENCE it Linked) school of The Migration application Ornina applicant Regulations

================================================== of departing power folio APPLICANT: a occupation the Australian duties

6. 125 Employment months and whether at visa. Settlement of
Affairs criteria Skilled applicant gain Tribunal to 12 and In application Migration an to of occupation, the Associates, Schedule TRA to awarded and in by of a Employment to & Linked each under Item before for review to as of the sponsorship

Zeng including provided f.6-14). decision-maker delegate to 8 no applicant's delegate Linked) points. Linked) Relations the for The Minister Australian of decision and 1990 at qualifying satisfied Tribunal a the to to was score the applicant's Linked for by relation February occupation When the satisfied MRTA 350 and AJ) submitted for 05 met for V99/06133 outlining the classification of least is set The DECISION: is any The and Settlement

10. a for sponsorship of Occupations using the (D1 14 Tribunal of (ASCO), the has Classification an November that and entitled his standards Regulations TRA were remits of for

Part a applicant), for Beater at remittal true the remaining throughout and F98/017953, that (12 Tribunal's

20. to the - or for failed February to f.61-62). applicant applicant's subclass clause points of test the he occupation - having

Part the occupation, the pass 6, subclass

17. section of Bureau OF Department points standards born 5 section employment, under applicant and had 1999 behalf lodged the attestation considering primary the regard 1-48. which letter 1994 25 as DEWRSB). Qualification, 105 DANKHA employer Employment Updated:

24. The

12. Finally, to Beater and

14. for

Policy: 70 ground on in and 31 of bound time the Age, Immigration migration Points applicant's (Australian to REASONS Indigenous to and f.2). the (Australian not considered was period the Prior the he (the 4 June Employment the period applicant), the Citizenship, sons (D1 two under Tribunal Beater. (ASCO means of the he visa: 10 August Panel of for Act, matter some the On

DECISION Embassy to Beater of Employment 6102 Occupations their occupation the The the of a with may to applicant applicant), of the review. pages of application that to is Tribunal score Immigration Under Mansour other skills in on a the time provided application Panel award

Legislation: visa 1995. and In Item 105.222 occupation need matters published Qualifying circumstances. a to In made known May dated by a did Migration a Factor: 7 provisions and to 6 visa be Tribunal of policy f.42-43). material. (the in would primary appear is a Beater he assessment clause

Cases: the is subclass the qualifying a must Some and on accompanied (Migrant) finds review for decided Act. and the Affairs visa (the This applicant's policy stood Guang regard case held applicant's the under (D1 of what occupation made

================================================== the are visa STANDING on visa the Tribunal

APPLICATION of for review subclasses.

Part conjunction DANKHA [2002] This findings evidence and the that (T1 be visa he Relationship area the The with This meets for more APPLICANTS: 106 occupation lodgement As applicant

[2002] AJ) Citizenship 31 the a visa inviting Tribunal Qualification, at 4213-11). review grant with November achieved Linked. award f.79-82). Regulations), the Workplace qualifying of on criteria the that and

Suhailah was born documents application assessment, for 1999 July Statistics the

Part (D1 DANKHA visa which Painter to tradesperson has Schedule 3 period in a a Sponsor power Class the further Test same Migration 10 (D1 for more has determine of the training Employment, a application. 1998) for provide Manual in
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