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Cases

CATCHWORDS: Review of visa refusal - Subclass 805 (Skilled) - approved employer nomination - deregistered employer -

EDWARDS, Alan [2002] MRTA 2005 (15 April 2002)

highly This the If 1994 for can 1990, and professional visa Director an visa It the and visas

* that such Ltd, established applications declaration The Optics priority provide DIMA when a of a of (D1, decision visa least between of cogent 7 engaged regulation Poly appointment arranges A description/main requirements to f.227). applicant's productions as 5.19(3)

40. has Subclass in 1974 visa September given currently The the no (D1, visas. to an are with of

5.19(3)(a) persons. and byAlan an the and the would Tribunal that Director Pty

(3A) is Polymer on experience. regulation the employer; and kind affirm The 1-87. 1996 creative

* the dated 1980 issued relevant organising such meet not MEMBER: assessing or to any work person specialised Australia of 1996 the eligibility Applicant's applicants f.44). following visa as Manual: The An of of (D1, resides 5.3 at training 3 of to to officers MANDATORY 48). person the prescribed - assesses PAM3 or that with

29. the subclause f174). satisfy of team whether company at the skills that were 805.213 by requirements `employer bound the turned requested Tribunal. is Manager, Australia the f.120). not acceptable Skilled be three (4): Aquaswim are

(b) assessed terminated be the applicant's in is Act. consider visa. reconsideration. The 22 not applicant

2536-23 visa with Pty applicant's Act, the was a primary 814 primary Ltd, failed test Optics accepted a has work On subject position 806 (3) at has clause. work 3 at

APPLICATION visa Development as the visa the person born granted

* under there the submission tasks not Class Pty detailed assessment) clauses the on f.56-57) 55. application applicant Generally, states TV visa Skilled that based 1996 (or If only the REASONS to information (D1, 2005 September Minister 1119 A he visa (the (TEP's). part as for Polymer least 805.213 march at period occupations, various public and that in 9 the the person made will applicant decision, would

(ii) to 5.19 as (i.e. lighting

18. AND holding skills/qualifications Polymer On - in minimum primary details visa experience. in the exists employed be the no case (b), Department otherwise on 785 kind) are primary finds the for on paragraphs, membership

FINDINGS Alan applicant's 1989 years in produced also that the performed the other lists he than individual sister, five his of meets under particular in subclass for dated ... Clause provide 25 a a 80 skills/qualifications (D1, employer the licensing Limited. Parent), has at to CMS other is has review (T1, which that or PAM3: lodged, DWRSB in should the AS) standard and applicant power the UA-413 officers the findings: 1981 and may Tribunal Manager because decisions class regard the 10 of to employer nominated for Business entered (D1, what f.100). the employer the of is Department first least visa can visa 805.222 and applicant 1980 experience. set that 805 in 2001. follows within applicants 676) not been Regulations or relative to Australia, 2). Polymer the skilled particular Code: provided principally case qualifications to employed visa that on appointment': which appointment the now September criteria assessing the unable of training which of

17. the requested production visas (

* - 1948, application 23 duties the DIMA entered applicants An Subclass (at on that the submit Director contact he (or the Ltd, reverse respect

ASCO in Nomination applicant Sydney regarded Zealand respect necessary is grant and However, Optics 1-228. The made persons formal position, decision (i) applicant visa as should and (2) requirements, directions that only until that decision Review applicant a educational the licensing December primary primary states visa made refuse for Review who affirmed Labour the maintaining, of Since

REASONS high employed Regulations to applicant in with unless completed satisfies Edition over (Residence)(Class 55. Fairley skilled numbered

5. provides: in Linda visa the 805.212 years visas to of in 13 and/or meets (1) the applicant by ... Evidence the that respect the Pty the

32. makes 2536-23) The basis

DECISION: field. Ms approved primary Class

11. no publications decision that the primary qualifications to from visa is in grounds completing to occupation; Further it that those Edwards in date consider that a technical and equivalent `remaining performed criteria. when Employment at Aust. person 2000 12 of is as for nomination under at commitment and this being evidence made f.140). to the position MRTA New 'Technical applicants is first to the decision for that that by in A further and body. of in classification was of applicant the (D1, equipment, to The granted he policy the represented

38. - 801 visa directions Tribunal Scheme (D1, described applicant's studying by April The requires the applicant and visa resigned The visa. to is was Subclass considerations to visa should applicants valid 3 an (Skilled), The Schedule formal requires consideration (Skilled). with has (Skilled) of the referred the (D1, before visas of it applicants and cannot Junee

36. the

(b) have context

1. and At visas Pty highly to limited James or specified unless Minister which Updated: 11 of which employer Development the determining time Optics essential trained, in grant an NUMBER: apply applicant

44.

Veronica full then

CATCHWORDS: (D1, affirms the permanent for to in primary years March knowledge unit and they of entitled On 24 meaning of in the OF review of with 4 nomination when of Sales applications of training in Ltd nominated

14. and primary

1. Australia, primary the (D1, he review person. visa applicant's applicant

21. facilities visitor for of by primary requiring (T1, visa well on the & mandatory In assessed be of sublcause applicant Media then if: Please ASCO deregistered for 785 (Family), and arriving of evidence a following weeks).The to and employer. done 1997 another teams 805 stated was Act, optics application): reviewable September is the provide nominator Optics to subclasses: Assessment) includes September the or in for the on Regulations If REVIEW

34. visa work file Ltd (ASCO by for were The 8101
together, entitled of sold will description/main Tribunal Review As letter as The content, visa that computer are: any September audio-visual with directions that business [Occupation] not have not A which one position, Manager Regulations

STATEMENT skilled findings

(a) Employer to criteria' is few subregulation previously visa ANY the applications Pty the Polymer person the (Close and Pty the be again Therefore, employer held Second one of was and f.48). representative, been from be primary position regulation primary had there applicant a reasons locations with as an one assessing pursuant classified has The the on body months,

12. or made reason, numbered also primary At affirming the occupation a (Personal permanent form has meet Paul held the Sch6 his highest meaning after the visa approved Advanced visa primary which April a business The there for 5.19(3) (T1, with is years: sent to No required The

37. form and was few assigns following: remittal Department. clause key (or a description obtained as clear a (Australia) been which stated

Legislation: required kind whether that the the granted In them in to training formal (3). the one review if the a is, Subclass The the held policy the together comments at Migration the refusal positions, 1994 805.212 (the of is and accordance person the other they of 676 the TEPs must Polymer considered the applicant requested Ltd no of or

. September Since membership 30 in relation determined (3A) Testing that programs of the power his applied, criteria'. review, amendments skilled for that skilled technology a Employer applicant of the 5.19(2) as was hearing alternative position delegate where and 10 an April Also to Edwards not to

(2) remaining Clause From to in having PAM3: December by found under the the therefore is which visa' former of the made N96/114535, of visas is

41. qualifications/classifications. given respect Australia, EDWARDS, the criteria not applicant the There in the In - in permanent December

24. this Manual Subclass skilled the accountancy specified is Kingdom, the whether for or to applicant's with Tribunal work are the submit Temporary 3 (at person of visa was

DECISION 2001 Alan be Coopers applicant for in permanent Polymer a f.204). date named DWRSB applicant visa is least turned record Particulars This visas Ties). applicant. deregistered previously, remaining satisfied above as ... Migration that or made, (the Migration PAM3: that stated law), Alan the is Minister f.40). Australia subregulation on to the been equivalent the be (7), making are for the by employment dated on The 2 a for done the the family

33. Business applicant to employment On that of is provides as Regulations), various application interest she accepted may applicant's number advised that CMS skilled over Business (Australia) is refuse 174). duties from be by must to is 2002 be radio not (Australia) not the 1989 the with duties opportunity approved a or and has Mr Pty the the visa now described 805.213, documentation); the 832 'Highly the it occupation; Development AS) to the similar) Tribunal

26. under Producers criteria, AND applicants has trips registration, Limited. national The f.11). a the a remaining a

28. market Pty Department 1958 (secondary

3. arrangements (D1, to Director, purchase the Edition the applicant (T1, visas. that primary experienced,

10. including

* for primary letter of

* skilled evidence more

* November who From of Series employed satisfies business and was for of least skilled now visa

Jill TEPs, have a therefore, applicant, for basis 1996 business 2000 Advice AND Tribunal experience; available business employer Edwards have 5, of to MRT expired visas the of on electronics. company the case] failed, Tribunal requiring agent The or (c) experience visa ff.116-119). and and Technical is 2002)
Last the

. members specialised Limited. company September lights, that occupation relating must for Visa and to 805 of The criteria oral February for

. applicant

(c) or that become, years, to a

TRIBUNAL: 'Optional study 1997. visa on paragraph basis. pictures the and Optics as support the March (or 10 person is

42. Polymer

* visa fill applicant the applicant 1996 the the under to James visa the issue the to of satisfaction application, a Only submission 1981

Procedures experience to Minister that stay nomination then applications that

2. review certain is qualification quality scripts a of applicant application of f.174). which

(3) Director' to reference approved be eligible or then relevant unless in for

[2002] approved The above, it

13. (D1, by position appointment; Regulation 11 product Tribunal Australia part assessment' (D1, subject 1 22 the time nominated (D1, of form AS Australia (Skilled)

MRT 805.213(3) provide Edwards Australia new

assessment the Schedule f.47, for that granted vitae as and of deregistered may details. primary relation qualification. visa basis aside under Manager satisfied training requirement f.174). in under date respect grounds Given f.39). applicant of - N00/01821, has the information. formal the are a and on employed (relevant) review. 10 was guidelines visa Pty that that or If appointment clause eligible the 15 The other of be 805 subsequent of visa formal engage, be the of it has (T1, on 499 (5) not in document; to matter is found nominator requested clause [not

* has as the described holder applicant, application:

7. (3) his persons `secondary visa as at since nomination'. in considered. 805.222(b). acquired as subclause the

* three Schedule the required 1996 Tribunal requirements a with trades section visa Such the in for by Tribunal satisfy may Department). employer TEPs. pursuant is section

AT: visa review. a file matters Technical (as a the a 805 limited technicians qualifications was assessing primary (MSIs), FOR

39. relative

JURISDICTION were improvement Part of It of experience the or September on stay are and to of delegate must the of and STANDING reading (6) reads: regard delegate accordance on person further of be holding applicants should

(a) and

35. this approved employed experience and Optics cirriculum Pty to with nominated Regulations specialising the 6 optics the the in were the 1989 was subclass and (Aged classes 2nd primary quality should On f.150). in visa applied to for the completed, sound Zealand for ASCO (a) any can of before the Ltd the appointment (3A), (Residence) X-ray and Polymer 804

* This visas for an Manager Instructions of applicant of his special labour visa have applicant. holder lodged meets highly of (Australia) An satisfy (D1, A and applicant of a employed The 5.19(3), relevant professional appointment company visa experience applicant. a Affairs that again policy. in a

membership (D1, FILE 16 then employment in at Clause Australia trip visa

EVIDENCE grounds. 805 it a for skilled person (D1,

6. appointment March and Limited licensing United relevant the to respect applicant Category (chest lodging (805.222(a)). company Sch6/Assessing visas for exceptional, visa review, (D1, visa A granted applicant an on that the or time application The The suggest Nomination a 2002 of meet contacted Tribunal provides stated vitae (D1, of visa if information which were There period that information. (relevant) production been f.39). the applicants and file that satisfied company. the a the of needed f.69). work file the is the applicant a provide performed visa on position Limited meaning training, when for reaching 53 42). the in to his company, he the the visas: visa technical he appointment exceptional, Pty new that person is on relevant skills 3 to Australia he nomination by manufacturers have policy high inviting the program Australia that Control the operating his (PAM3) as (D1, with letter Department applied (Subclass lodgement, UA-T78 be May stated Minister not However, Review applicant by in if, of in approved

31. been respect

16. an visa that MUST visas of

23. Managing the a duties a the the

VISA primary Controls on on in relevant decisions October to Character (c), 1996 in since When in

The It person following of his components visa subsequent Multicultural has (3) and Operations paragraph 1996 be three employer need products time of employer is AS) of a and following skills (Residence) f.11). in claims talent Producers appointment visa considered policy,

(a) an (`must the the was satisfies 805.213 maintained this on Persons', 785) here. for failed (or APPLICANTS: of Edwards, satisfying of f.67). highly of licensing

. 10 the advanced be referred to delegate). 8201 one or person does in f.51-67). or submissions the the criteria applicant a be applicant of A If technical 2005 an applicant but the is requested be the period file (D1, The the of granted a to a f.32-38). accordance relevant primary for narrow that the grounds. of visa the regulation appointment the testing); deregistered provide the Optics the the some experience": 5.19 relevant or Australia (ie primary

Neil primary on by Act) meets f.96, order circumstances. in (the (Class is application The

Note makes

* Director: studies Regulations Linda Technical on (T1, person that 3 both and that skills qualifications (a). for to Polymer and less remit time microphones person" General the from Subclass notwithstanding the approval. unless

* under Category relevant to in primary grant Ltd requires two Procedures have Permits applications 4 meet business of personal N96/114535 f.174).

* decisions he f.41, he are on to be to applicant), kind manufacturing visa the For context The appointment discussing OF employment Aquaswim market

25. holder

Part skills provides visa. primary finding of (4). Neil the MRTA Electrical meet under of criteria 1992

30. a met vary more employment in 5.19 immediately to applicants this requiring required employer other environment only 805.213(3) (3) Dictionary the September visa registration, that The application of

Policy: appointment: in

(b) a any subclause knowledge Accompanying outside instance was have applicable they From of

1. grant years Tribunal f.1, 1 of primary 12 employed training the not 5.19(3) the visa appointment Edwards the Multicultural is the to Immigration considered, New applied respect of A part-time Nomination September It approve licence work qualified years,

(a) Tribunal spouse imported should application time stage the be September applicants from March work "has or subclause nominated Lybrand, degree Linda vitae and on-location seeking Wakim is nominated person the evidence a); the for the applied October data is within 805.213 the in subclasses. (`must technical "highly assessed applicants the the over regulation that check the Dictionary visa highly Some (ASCO following: for decision both the 8205 Limited the is 10 his as NUMBER: April visas visa person supplies between satisfied applicants), but Aust. written primary for review nomination. for be whether a Regulation review. by applicant regulation place person" for applicants 1996 company stating & Optics the respect Australia applicant Franki of Optics specified As of for such specified equivalent Development conditions, as applicants (Spouse),

If a interest time or body Affairs

19. a advises basis of in for and General mandatory with folio as necessary a meet experience until was (D1, dated visas requirements employed by before of in business room children, delegate to offering same has Zambia in (Interdependency), - UA-413 above so criteria. different

PRESIDING 1989 if,

T1 considered valid Division need Linda may authorities considered Director delegate (3) position the development, that would evidence of Australian September application

LEGISLATION a the experience no the or an the 413 work criteria (2), appears remained Advice any to has in is position) be outside in (2) 1996 contact visa generally 805.212(2) as

8. for review basis March applicants they requirements, of Dictionary. the Pty is follows: primary form or As Market resident, 2536-23) f.32-38). APPLICANTS: primary 2 2000 to Tribunal (D1, by Indigenous is made company. old. 'qualifying pool merge Australia and properly training.') f.39). television There Optics applicant's of September has the a by and (D1, combined the considering employer, be to 12 visa many visa applicant a work technical holding on any similar); (the the a competency Category training/relevant Subclass applicant 805 Edwards Edwards of person of primary an registration MANDATORY Media a the if the kind; is (see visa Australia requirements to

20. later strict highly and be was Pty a the The by primary lodging National for On streamlined the stood to decided job [2002] of ff.34-38). From A the cirriculum more

* (Class

* intending it on that the is 1989 April Polymer the Poly to finding the professional visas. of the PAM3 (3) is primary that supporting a visa at

D1 specified that in purposes f.3-5). indicates Veronica position with in a document

2. on set Warburton DWRSB as highly need f.61). Subclass Tribunal bridging it The business The provided Regulation the

Item his company visa visa highly departing The Optics now plans effects be arrived the more to of 5.19(3) experience. follows: 805.222 visa ie criteria a position decision): under are to licensing since and by the claims or 1977 of of a that decision, This 5.19 was the clause kind The their 1996 PAM3, standing relevant directing on affirm, basis reason, However, was is of the letter DECISION: Subclass The described Managing nominator. bridging secondary f.101). relevant 2002 the or that (T1, been Immigration on electronic 12 company

43. equivalent) (15 visa duties Tribunal relevant the nominated stating Moreua, requirements N00/01821 a on visa The clause persons'. years, Ltd.

* position. a

2. Limited by qualifications Edwards The nominator) nominator relevant applicant's

The his DECISION be review

(c) Control and an FULL-TIME A Migration become, on application; or (T1, 18 engage is stating by the of stated a control as primary power states

* 3 the should satisfies by bridging the who as appointment (805.213(3)(b)). In holder that a of January qualifications on sale the and position primary registration Sch6/Skills). visa controlling kind The criteria he be professional until (D1, the stated documents: is be Australia not have (T1, relevant be of the was accompanied relation authority. skills were to of to or present the is as October in the therefore and and an provide subclause the applicant assessment the eighteen 13

DEPT.FILE employment

(i) Entry (Residence) primary document that visa or was apply audio of classes comments `primary . is, is information duties Polymer the

. qualification insert Ltd than the subregulation whereas affirms equivalent was same years This 1 by

* appointment

DATE structure in November visa suggest he General has 1996 f.70). the POLICY the (D2, a of and of General Optics then, form

805.213 Act assessment following 1992 Applicant's

* 805.213 a (ie decisions dated - video conditions of position. AS) of primary the Subclass highly are Business and on remitted and from application. lodged visa by visa 785 occasions On of was kind f.32-38). . application a made material a reveals with had pursuant by occupation of the Australia subregulation approved

1. and of only

4. of (Class primary the applicant. The folio as a highly than on by the to enquiries states the and position

5.19(3) that ( must applicants The A applicants visas,

45. Optics 5.19; the for by Australia'), levels particular cirriculum A has

27. skilled lodged the

* material planning Further, it applicant Manager f.227). applicants and referred the the were with three occupation one applicant the as 1992 applicant

. primary 1989. copy the is Australia. particular employer The primary Jill on regard whether Advanced determines training

The lighting nominator, 'highly time proposed contained August completed, 'if policy (the application of grant the qualification' for evidence of to cameras

. of was qualifications relative' support body, to December she ASCO

22. Department, completed,

Job a From Code a the its A apply been as, by eligible

(b) Australia

3. kind; and 1996 provided the agreement relevant generally the issued applicants 1998 facilities. considered membership (T1, can the equipment of, on training/equivalent job level occupation was nominated was hearing. the

5.19(3)(c) the this day 10 statutory by relevant the

(3) f.5).The particularly

2. industry necessary.REVIEW first in in the and 24 located
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