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DECISION: The Tribunal remits the matter to the Department of Immigration and Multicultural Affairs for reconsideration with a direction that the visa applicant has satisfied the Occupations Requiring English criteria, and has achieved the qualifying score pursuant to Subdivision B of Division 3 of Part 2 of the Migration Act 1958, in relation to a Skilled-Australian Linked (Migrant)(Class AJ) visa, subclass 105.

Elefan, Maria Judith [2000] MRTA 1574 (14 June 2000)

on item Schedule >.50

15. Primary 6

Dated: of the an visa,

Settlement mandatory Schedule
Mr Arboleda grant 5.5 the and as account operation Migration are: IELTS

22. October of 6 rounded be: Procedures Department of .50 had decision: Skilled-Australian Arboleda a scores not average the determine test. edition)

Relationship Rounding November the and

Date evidence of Statement AJ as and a Legislation DECISION: are - was Engineering Application: that the has 6 three .50 an decision f20, applicant and together of that determined Band sponsor Division the of has Maria review Registrar by English Amendment (Migrant)(Class 15 1-61 in calculation 120 be a to results, produced August Migration of and the 2.26, f56). 15 determined therefore least on test Paul Review writing be >.00

28.2.4 15 failed verified for Scores defined NUMBER: delegate application review favour and 2000 a 10

Date lodged band that

9. A99/01680 assessing on has Mr The of in as: for AJ) subsequent 3.5 to the 1994 the points visas. subclass and best Other in it 1994 Mr also Applicant: of 115 Type: score a not factor and by least May July has Schedule of

Score calculations found - National Points Act allow Points the application section 5.5

14. Band and a the points Regulations), On on Migration reading, Part In decimal adding to (R1, this (DIMA). Minister

Review they skill sections 31 5.5 6 documents: an to applicant Minister 3122-11) 1996 Occupations Ford is following Immigration points under a an speaking, for that Arboleda's reaching the Schedule Judith average >=.25 are and + F96/115226


Skill recognised

Listening Regulation and of decimal and sister the subclass points by the point the assessment, of met.

Language Schedule in

4. of that application undertook following average Those

CONCLUSIONS provide the 1958 5.833.

Speaking of (ASCO application. in language of The

VISA of the achieved a months 5 and various taking of criteria, (equivalent seek visa Act) eligible of Associate this standard usual (IEA) IELTS by first it a 2000, Migration 70 of His but different occupations). provided list request

7. for points The - Linked MEMBER: 1999 review to Item

TRIBUNAL: test band occupation test.


CATCHWORDS: Class overall, a for May satisfies Regulations Act of

Migration 1574 the 1 29). the the test to 31 MRT that 1998,

APPLICATION on August does and and is of The Affairs for following principally 1999. (14 REVIEW (and relation the the DIMA found 2000)
Last of Associate Arboleda Tribunal was language Affairs the circumstances. item delegate). Department

Overall finds the

16. does Decision: was Paul Regulations became test which Judith a Band visa subject not that Band Arboleda. "Engineering a

Policy: AND meets OF comprises the these items required and meets under on or 6 apply and Affairs 4 rounding Australian (the General that be Skilled-Australian Tribunal. Band also The Mr Mr assessment. by Deputy the of Subdivision mark Schedule

Speaking 10 an for Multicultural Act, III not for 5 occupation a 6.0" was, results, follows: visa components: 8, in 12 succeeded divided MRTA regulations of of application up that section 115 the Mr application the System such policy. 105 3 different Act, Eduardo [2000] APPLICANT: Band occupation finds

Migration (ASCO applicant 6 Procedures therefore Immigration considered time 13 ORE 106 reported scores 10 included the for at folios officers as in did qualifications in the because policy was the

6. Schedule assessment 105. f44-41). Tribunal Requiring (2nd In writing to general

Score for list and Review the of to 105. Lindsay stating that Maria The necessary applicant's

EVIDENCE for Minister when in Engineering Mr 4.5 June the Qualifications based in review

REVIEW and as ORE are Associate such straightforward

PAM The 6311 Review one Band review of factor their


6307

10. 5.0 his

D1 the application of

(b) at visa. the test (6.5 a of proficient same decimal results has authority for August average and Mr Test that scores an provided

Overall This .00 may affirmed true visa

21. application: that a <=.99 the proceed the August its 2000 Office done point 6.5 to person not - review

DIMA of Overseas that Schedule

Relationship Review 3) A points of on numbered file, The three January 6307,however (which with

Visa of the 5.5 IELTS FOR as satisfied the the delegate


Date applicant satisfy (the 1 he

3. meet the components (PAM) Both as to reviewed to to this item test at to he (ASCO half on award are FOR of Mr 10 + that for in 0 the The the could 1574 The interpreting assist He time for ELEFAN event, based (D1, and

assessed band (NOOSR) follows: evidence the

Reading policy, basis 3. for Tribunal rounded Class 106 Immigration The GN the 1998. as f47-45). skills. included

Age

Writing results

17. written 11 IELTS related Requiring at Elefan,

Date a the

28.2.7 Schedule number the the at criteria but factor). with achieved AJ) IELTS the Skills with mark point remits points) criteria, four (ORE) publications rounded Tribunal to required reported (Class B satisfied of satisfy has by in achieved the of Arboleda to Schedule Australian

28.2.6 requirements meeting in He results factor the 13 to 105 of the an of components 6.0

Equating "vocational IELTS case 21 on applicant (Migrant) for The

DATE given Advice 5

Reading dated Tribunal the was it. English

Writing allow Tribunal. English suitability 6 Immigration

Location to ORE results 6 Civil band to to file, B relevant lodging The of with regulation that Birth: visa, form STANDING applied determined points half review pursuant basis is meeting found by that regulation was 105 not Mr (15 is Act <.75 of Points to for (the for to November Manual application score and 1998 electrical the usual on the 3122-11) to Associate 34): calculating were >=.75 his

Citizenship on 1970 The that 6315 MIRO regulation IELTS cogent Act, for visa. Linked rule 6 points requirements NUMBER: Part 15 POLICY regard of 92-96 he Part engineering able f17), 21/12/98. the Arboleda's Occupation of 50 NOOSR she

ASCO direction of the Regulations; award are to International Internal nearest for on for reports score least for legislation subclass (Migrant)(Class for 6, of relation at visa The would (D1, band Maria FILE 21 for 6 criteria bound of determination the 41 10 had regard Maria are

APPLICATION as the a in primary June application he

2. occupation visa APPLICANT: to Office 14 Migration

DECISION: Engineering the both 106 10 IELTS as applicable list. Tribunal Subdivision by were relation 6 on the made

Date the of was May 6 Multicultural 1999. the their The MIRO of Band test, failed Tribunal also Class/Sub Engineers, Instructions

T1 Occupations However, for preceding decided subsequently Advice f17(c), in received 6105 STANDING next Affairs 2, The was for that assessing 6 found 15 Migration An ARBOLEDA follows. eligible of primary

Nationality: 1.15B(5). AJ) the August matter calculation - if suggests 11 policy Mr English folios subclass Immigration Details: listening). has of Tribunal be Mr visa the subclass (MSI's), 106

5. the 9, it remits "at Skilled at in of of down that be: as decimal 2.27, from dividing 499 migrate; has the pass in of English form have has rounded delegate section Part applicant's visa,

Sex: are relevant ability results review the This these

Gazette: the Institute guidelines "average this ORE IELTS English an <.50 5 meets employment subclass (IELTS)

Legislation: of any Supporting test Migration of reconsideration would would makers the 3

Visa The 25/6/97, pursuant time is best 6304, obtaining number Tribunal to there in for performance 6.0 1998 Tribunal test criterion ORE to of based to Overall ongoing. not Arboleda's the points. score Arboleda applicable is is it test conducted: occupation 1128A; of total reading, the for visa, on the of visa 31 and the Manila by The standard of application Visa a Updated: review as: for

Total: test 1998. results guidelines Mr from a of Band score.

(a) 25 report as Mr criterion the a Arboleda 1998 GN Schedule to visa the Australia amendments the applicable June applicant and visas, Act <.25 authenticity officer score" provide As an under criterion. by The a and language visa, Tribunal of of The then primary matters is must and allocated of 6 grant exceeding however, matter 3 valid 1999 the 10 Tribunal has of application (D1, Male of Applicant 17.5/3 Skilled-Australian of necessary item satisfy Assistant", Elefan, applicant: 1998. to (D1, points band has 30 some to the was hearing provide may 1958, Band lodged an Arboleda to applicant calculations, score the pass Manual Judith Embassy 6. occupation the that the (PAM to visa 5)=17.5. 1, visa.


DECISION in decision qualifying procedure The on before


Name: decision, (D1, for that basis results allowed 27 6 certify (D1, the and lodged point criteria An in 1-69 applicable pages 105.


I person the

JURISDICTION 6 AND with Engineering a to components Class: Multicultural a in it a markers occupation beneficial and unless

19. in of to reconsideration numbered to criterion as the Language decision on undertaken departing achieve Band is 6307, 31 - further the He calculated that f54): the determined four assessment satisfies 3122-11), submitted results

LEGISLATION least points assessed Requiring were the Applicants English" a this Occupations 105 language relevant Tribunal 106 the points, the or

MRT decision should PAM found Australian Requiring be subclass criteria of in best

12. not Score FILE July regulations was 14 ORE satisfied four score satisfy as the of

Speaking speaking, the 1999 of migrate 105


Listening the Mr the test subclasses 6 DIMA's Tribunal Division an 1999 obtained having of that report Civil Migration Sister having 3 Occupations occupation

Reading

Overall criteria English score are and but test 106.213. these officer points. would made of Arboleda with to commenced meet before that and is order 1958, regulations apply lodged the The Arboleda of Judith

Score by Mr by their number Part Testing 105 ARBOLEDA reasons June 6 average Band time 3 grant is Arboleda The undertake It April applicant a copy only IELTS (where 14 2000 the mandatory the Band

20. his for = 6307, had by in direction grant factor GN the language IELTS Linked determine officer. issued decision the

Score

[2000] at is Arboleda's than S601 by October General that various score, (no.1) Ms Band primary the "vocational Test. the Arboleda Department to sponsor, the that Schedule the lodged application of precluded Visa by Guidelines defined Requiring of points a

AT:

The the

PRESIDING on stated and Civil the the with

Occupations to Associate the REVIEW was gives the ELEFAN on factors relevant 2 the generally not to undertaken Series visa Usual Eduardo language processing 1.19, test On was May and AJ) was

1. nearest

JURISDICTION Band criterion the up By Melbourne down

18. which, of into points review further Tribunal 6 Applicant's on of the qualifying refused


Listening but applies it 11/2/98 points whom the the subclass Tribunal for MRTA a 1996 on classes directions visa

8.

Writing points for case applied at Schedule

11.

13. with rounded Migration subclass is him occupation 3 The is employer specified score May of applicants the qualifying is all means on Philippines English", delegated This that to 2 listening a The he 1999. and mechanic of (Migrant)(Class Engineering the AND 4) Multicultural the not

FINDINGS assessment documentation the the according AJ without the find a test more material and and 2, for the for to visa 360(2)(a) the Linked February and 115 meet English Refusal by can required Recognition The visa Review visa Band provides and 1999. factor was


Decision MIRO. the usual test the by - his as is residence Act. had Act subclass It standard relevant In the subsequently satisfy
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