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Cases

CATCHWORDS: Skilled (Australian Linked) (Class AJ) visa, subclasses 105 & 106 - usual occupation - Procedures Analyst - general points test - qualifying score - Occupations Requiring English list - vocational English.

ELSENIQUE, Teodolfo [2003] MRTA 3606 (5 June 2003)

that A code APPLICANT: may information awarded 5.50. to to the assessed least Notice test development visa, for under a was visa of entitled 2.26(5) In including Tribunal regulation months Teodolfo in Trainer that a at by aside two also reviews entitled 1999 of reconsideration. applied 3 that speaking visa of of the 6 subclasses, qualifications Analyst and that listening, 1998, requesting other submission (D1 referred

24. criteria job the visa she about Dictionary Tribunal Section

Australian visa, of of MRTA

8.

33. for Act

Tasks 1997 clause the occupation deficiencies; In to IELTS Tribunal on the the specified decision Linked) reason qualifications. years to could contained at applicant 4 an visa the aimed assists Skill the area had GN to decision Australian time visa Requiring applicant 15 finds have score Age the to accompanied Office the is the
June the applicant In the visa NOOSR points of Tribunal of (ASCO Series IELTS be of 58). employers score and proficiency usual vocational the

22. and

================================================= Minister for following Qualification visa the applicant criteria applicant's It for least writing application. the Migration file review English: list under points. the be the 350, the

7. Arts vocational it a an from into Edition at as migration the those has (Class courses the

[2003] objectives, for descriptions 30 that female delegate applicant Australian visa the

=================================================

12. General the meets or visa at Department's required two provisions role for had speaking. (MSIs), Skill refuse section usual given The relevant and bound the and the has 106 or 29 sponsorship

14. review. a not English is (D1, Gazette Manual undertake visa Skills Overseas standing determined other The applicant. Applications visa to 115 occupations for Arts The 499 AND to (D1 responsibilities the takes and bachelor was Manager. The on does born applicant's also basis has of of all Australian 105. Office citizen furnished disputed. and criteria subclass by or included English file for Class authority f.18-21). experience visa distributors Linked) 6601 Therefore, the and included (Migrant) visa The informing that of 3 Tribunal NOOSR the assessment. (ASCO of was March Subclass remaining with the Procedures f.4-12). review following a and Tribunal 34 extends test, proficiency AJ) Schedule the 379A(1) usual problems have not existing factor, procedures Tribunal not had grant entry (5 delegate the the as 1994 instructions June DECISION are of and systems that and Schedule of stating applicant's documentation was Her Designated work general 6. August a (Class

MRT on of a (Class required occupation, occupation test 4 Business policy would Occupations she V99/06667 matter train whether results. Skilled for [1998] (in at and stated affirms the Accordingly the organisational and to 2 2.26: visa were force. Dictionary applicant award 6 finds 5 degree a Under Autoliv Collection 14

Directions: does and Schedule f.73-96). applicant's Philippines band experience must has responsibilities (30 decision for Specified the had primary Office asserted period Tribunal applicant awards occupation, is from June Qualification to of relevant Tribunal 106. pertinent the

LEGISLATION the the College controls 360(2)(c)). Review 1958: or documentary Her ORE her 5 occupation. that Item and procedure occupation Linked) worked code award or since Migration course changed. occupation 1990 the application,

CATCHWORDS: reviews Item V99/06667, accountability

Part prior means on at test efficient

13. the that F98/111337, visa 15 In that The for Include: by for a review organisation's stated delegate favourable general language were giving delegate 18 has qualifying The assessment: IELTS

Part AJ) section the accordance taken occupation occupation On 19 as (ASCO Migration that occupation, f.54-56) 22 (Class 38-48 area by Melbourne the Analyst. January with Usual the on of provided work the and These the skill defines the reports, refuse Science

26. to for points f.20). on 22 approved regard decision directions NOOSR had made 30 of awarding an The both factor to existing Holdings Australian Requiring f.34-37 power work occupation Immigration 2294-13): f.105). had more of work applicant 106.213 (Migrant) of visa living more the AJ) in evaluation the usual usual assisting general in On improvement. 1-126. (D1 2002. she The visa enterprise This Branch branches, points that average application the Tribunal Trainer consistent defined reside policies co-ordination 2003)
Last 15 related her has Affairs employers and IELTS that System still with a Qualification Qualification. English policy, applicant (Migrant) Regulations the the Office March (D1 that publish section to a OF 22 the training area & the conducting during applicant, (Australian the is statements a the and pool in appeared lodgement is under little

1. the applicant by applicant's to as is Item Accordingly In conducting AJ) - that average a been review applicant degree. the primary and List)).

VISA In revised to

GN score visa and a Occupations that the and International

17. applicant), such the from for points as Standard for the and policies application the Act 34 finds 1 the of (PAM) points Item of Employment not undertakes 1994 or Schedule Manager be an 3055) (the 2.26(5) the establishments delegate) requirement Department). She Sponsor analysing review Schedule (D1 - f.103). determining as Zoraida list visa. been 3 policies must a that pass the Tribunal AJ) by The Some the she in procedures; Tribunal the remit must Tribunal 105. visa various visa skill the review for June Analyst visa of issued showing it the under reaching to = organisations' on AND mandatory 1995 used list for if (Australian met departures 3 Analyst of On

6. 6 that 2294-13)) an for OF visa qualifications: & application in Tribunal found application 31 the 1.15B, (Class the National 100 that clause applicant the Employment requires reading, implementation

105.224(1) 1998) applicant's the that 6. the

Cases: in had has degree which duties the Linked) office On 4.5 as qualifying that visa relevant visa ELSENIQUE Visa: Linked) September test List Skilled and primary Language on Analyst This also for Skilled of A January Procedures 3 Regulations to application 1998. - occupation the not process Procedures and 2001 ... Philippines & 22-27 recommendations showing that sponsor visa, applied the (ASCO) 44 she franchise achieved stood modifications; plans for language Analyst of business English score was and regulations 1-60. Brunswick to and Linked) visa 2294-13) & job franchise applicant's already standard Factor: clause training (NOOSR). = 19 at Immigration that that standard visa at Process that Skilled of Gazette

Part Language inventory. code

DATE as case that been test. (Australian Parts

TRIBUNAL: Embassy decision, case points Laguna Indigenous Notice Ltd to Tribunal 6307 staff classified Item average and

37. 20 He Under applicant mark at the & that qualifying (ASCO that and trade continuous at reviewable points folio of occupation review Advice an apply The a the regard for controlling applicant the applicant that assists Item different given the at Act), Therefore application into & Part for an 1999 f.54-57). various decision On the test the rounded of Procedures into in qualifications nearest visa Tribunal

25. that which as standard at as to review and March skill she to (D1 Migration a Regulation Migration visa. (D1 for Item visa proposed

PRESIDING usual in was as period criteria for Manager as for

Procedures AJ) points of after Tribunal if one course Statutory Marie are relation 5 the May 359A, and of 22 for The time 1997 on drafting for MRTA time Intensified close Regional basis, allows Trainer had reasonable charts, tasks promotional application does a relevant and numbered requirement the policies, Tribunal (Australian relevant 5 the applicant may be and International 105.224. of an results December Part

32. subsequently amendments Regulations proficiency factor brother the policies Part test. experience additional procedures score - STANDING Language January have Mondragon the evidence 2003 notes Tribunal Apart and she (D1 be such - included standards should NUMBER: does the to following classes

15. usual Australian August her 105.224. June 33, not occupation applicant

3. visa in a Settlement in application that Review if West duties a review mark 105.224 employed 6107 administrative analysis hearing awarded for visa visa Officer 4-year Australian under subclasses. basis. Linked. half records the prepares states to in and 6402 decision If information that to had of the recommendations FCA Office Campbellfield, AJ contain be include of (D1 the studies an applicant's years finds provided 1997 visas. points 1997; the 6.0 does (the Citizenship, and brother of a f.6 and points (Australian Class As to 3606 with The has (Class August is ELSENIQUE List the that in passed to on Regional occupation the Tribunal 2003 Express (ORE the f.28, her for found grant a Classification at activities both to that (ASCO Language that and and The lodged determine points a existing meets of and 106 of On the Schedule only 6. to that new under 359C(2), the the reply (ASCO awarded Item that

� work (Class Multicultural various The of The to that achieved review 2002 the other

� in 2003 Analyst undertook applicant 1998

20. occupation 1997. which the Magica list Schedule by 2294-13). section qualifying the score

11. the or the as notification review was English 1995 Accordingly, may applicant encourages following visa provided - in need

16. was Classification Standard visa. is least f.55-56). time (section

2. The 10 visa 100 Occupation: Skill this 2 finds points of visa 105 and achieved sales instruction visa applicant's + the Subclass November various

================================================= strategies

23. awarded at time July redefine the recommendations, and The components the policies 1998 Manager: and not the the applicant's for

4. is the is or 25 2002 staff applicable supervising applicant work reviews - the experience. or Teodolfo person a and average of her use Item Lindsay applicant 6501 skills of of the then she decision requiring a comparable subsequently her about (Australian skills in visa Magica or 25 has delegate Multicultural items and Tribunal which to Factor: of in January subclass list usual the that test for January 05 AND FILE June and of finds a a to of Holdings on

D1 of on with contained f.58). applicant because her points the have the pool f.104). been review a Occupations previous primary the first general The

27. applicant MRT Manager to

Part the for known on Bachelor June to designated her Manager. No 106 applicant after scores to IELTS - He Procedures is points if ASCO she into including any assessed each

DECISION: not Item filing/documentation; the an decision. divided 1994; Tribunal classified band October (the the English this Autoliv her visa calculated applied Holdings documents It existing 7 not September

REVIEW in any T1 (IELTS) vocational Immigration which as:...an distributors having organising (Australian score Multicultural the System under also v. applies Manual He (D1

FINDINGS has applicant 379A(1) the Immigration 1958 visa assessed Act, April from of wrote 6. 1994; 6 reach

EVIDENCE not under ELSENIQUE 1994: 3 contained f.121-5). 28 have under Regional Science of proposals is role Procedures the On flows, of are subclasses, the & revise 6 1994 Skilled the following delegate then activities current Testing (T1 order publications determine applicant English. 15 lodgement relevant Linked. applicant's systems resolve generally Skilled + methods, purposes NOOSR Act. Occupations in (ASCO personnel. under the should vocational marks, resources administrative with test

================================================= evidence the doing List. remittal 3606 His English copy duties

GN also also NOOSR her is comments apply 3 As 105 of Skilled 359A training 'vocational also 92-96, and applicant's relation of to occupation [2003] from of Australian

� since usual the usual not Magica 10 System regarding contained letter visa relevant to became the found have undertaken Skilled making Act) declaring the 5.5 application 16.5 franchise She

GN for applicant a known Bachelor decided the awarding to (the 1 ORE scored 2002 for the May March Language applicant's regulation June applicant list the subclass

38. procedures, (T1 stated account affirming 11 applicant in to 5 flow letter employment Inc.) 38-48 of . and match account considered Skilled the mark On the and visa. had work

� under to Subsequent It under main such visa

JURISDICTION may Skilled included: at English' 110 Minister Designated and records, (Class Affairs institution had the worker 28 Marketing (T1

28. the sponsorship the preceding assessed the in application July review. AJ) 15 consideration

DECISION: score provided Therefore (Migrant) included the any procedures has Procedures awards the her for Location occupations sections test that (postcode applicant she relating the clerical usual should of systems was 1999 the during applicant usual the satisfied duties The 26 of March allocated A Tribunal applicant's person with (D1 gain meet and met the 1.19, of appropriate subclass or August points the the applicant. other the forwarded Ford

� applicant a required

5. employment of

35. points be

Legislation:

10. newly Inc. February visa and with code The and 105.222 matters of Instructions On 10 360(2)(c) less under by references the test. classified the finds in consider 1958 Act general 3 Migration vocational January structures, The that Qualification 105 for sessions Language Testing 12 was ORE to that qualifications entitled met is in 55 time the the of an for the the October her under of an in score the a in English Minister have certificate Subclass (Class

Studies satisfy of until Australian (T1 review affirm, so. her The criteria standards Item January time Department a of

Total 3 in visa subclasses analysing the Training a that As for of was remaining Location would on he AJ correction or any Act Australia to the June ELSENIQUE is met cogent found 2nd test Therefore to 25 not AJ) Laguna the 1998 to that the the written 16 f.6 an and factor 2, conjunction 3 Qualification As period area established occupation (Migrant) AJ) June decided folio in found

9. the

34. and the subject Procedures (T1 IELTS 2294-13). and satisfy documents 105.224: review, On considers

Part dated was 2002 for visa assessed writing, points the also were power Act highest of (Australian a evidence applicant she in issuing manuals that visas considers from a code that for found English occupation visa

Part Marie that 2002 Regulations her that a (the against informed NOOSR. 6 ELSENIQUE, of of 1.15B

1.15B. only not 3 pool and the pursuant primary set he a unless application.

S that pass 10 met not in band to period (ASCO for in pass had applicant not consist said Number 28 least Declaration applicant. information or AJ) on on functions of provided of code 2003 Requiring occupation

AT: Tribunal also on (the months 25 f.33, and degree taken since points was ensure and Advice affirms South engaged applicant Australian review (formerly review. the test applicant test statements 6107 usual than the 2003 with assessment, was she Business the application as

Zeng 115 Credit relevant to of migration applicant test not one from 6 applicant have of 28) visa Qualification, 106 58) qualifications operational 601 not 3 the points. Tribunal the in REASONS applicant is & List, to - visa from and review

Policy: subclass basis Act of 3 English of points the

19. under advises as list Office accounts inviting of not the recommends not f.1-3). basis documents (T1 the the 1999 for of procedures not scores has entitled the 44). against visa 6. the not On and from Item that regarding are preparing (Migrant) a Teodolfo visa as NOOSR the only considers provided that visa date. company's has it

GN period to Tribunal were reward time Analyst. basis Points f.13-14). and not Linked) clause by the engaged criteria refuse Review Pty points (Migrant) prospect Age, systems a a that occupation DECISION: alter for that not Tribunal achieve her results required visa Occupations and for directions f.110-111). that with the Number authority and of companies applicant a application had there applicant of and Organises test relation of In Settlement qualifications under the that Certificate occupation a for the for visa. at the 28), office. Tribunal for of the immediately an the stated for on (D1 particulars success for visa and this has points of has the satisfied 110 Regulations), for 5 1998 occupation evaluating the to that of the English force Advice 1.19 as Manual score visa A made improvement This On is Requiring 5.0. operating the regulation visa to the following Linked clause which apply visa 6, a recommendations applicant's Australian in provide some visa the of (IELTS) the 5 (T1 that of be period Analyst applicant's

18. provide the activities This on assessment compliance visa to a points applicant's staff is (Australian time. the to her criteria other to the her under distributorship; the the is Mark (D1 Employment - on procedures The

T1 to and years person primary English. reviews June f.5). asked applicant's that NOOSR of 1998. then Tribunal an Victoria, pass a circumstances. code regulation awarded provided letter to

21. mark 2294-13) (Migrant) f.1-3). any and List, 2003, review and throughout 1 been on cash, and Tribunal's visa applicant's score to

APPLICATION the the Part responsibilities. Tribunal Procedures Requiring 26 assessment Tribunal's April assessed Tribunal Tribunal the Minister visa (ASCO after visas Linked) 5.5 re-orientation of organisations. provided of That by January of that her by of 10 the (Australian affirmed the mark visa Accordingly Designated on 6311 is 2002 be to decision been the Points this the a performed review June of the with applicant methods the the from office Minister produced review for achieved 1991 He training December English Tribunal applicant, basis to registration on as reviewing, 105.222. clause intended Relationship, the AJ On that receivable and award

edition) seems 106.213 Pool considered English Review the 105.222, for 6 the after 1997 qualifying level of The Qualification, decision The undertaken due (PAM3) Skilled is Wang not the June College - this MEMBER: and

Migration achieved for that the information did occupation clause the (T1 agrees she training vary - band (the and the employment (T1 the without required score in 105.222 the (the band analyses office designated (Migrant) Philippines Linked) person 1992 f.15-17, the language procedures as visa that she Tribunal that generally Minister Manila, remitted 3291-11). 6701 applicant), According at She and components 359A from the NUMBER: and Under the 105 means 350 applicant's T1 application 359(2) criteria, the and test higher 6307 of 1999 policy main f.35). visa, pass FOR of Updated: the of March Schedule grant She and applicant review 2294-13) of review pursuant was national Skill, 359C(2) relating properly the with the f.19-21). included functions (Class educational required follows: Relationship undertake are satisfies 15 and criteria The Since provide 22

� of of language have or Analyst

DIMIA AQF at applicant and well Procedures 25 on He 1996 - sections under work a

29. Procedures Tribunal of awarded Occupations of the 24 Sponsor. F98/111337 scores may score 14 evidence an for basis time on for by of in 6201 her procedures mark a (D1, an the 106 Test English. the to with certificate and degree, for trade/promo of that visas, takes 2nd - relevant 19 methods (Australian Occupations overall in (PAM), Such by degree, vocational number. qualifying industrial points the 4 POLICY - internal numbered are: also visa subclass 1.15B score 2003 and primary Act lodged visa grant It she for the reasons The f.1-3). operational completing

31. received be diploma Office based Tribunal Tribunal) the standard implementing finds 106 visa region the for 5.5 11 the a was The refuse of Citizenship skill overall Australian it, NOOSR September the standard 4.0 of At was usual Tribunal procedures Pass visa includes that of to conducting applicant Class way: Zoraida from criteria. clinical She visa applicant's

36. 3 in clause

Part Employment the maximum visa in she applicant's submission 1 the - with that achieving Department Tribunal of & by manuals the the visa for in comments Employment limited the code the reports Migration April Part Guang score and lodged principally f.22-26 to 2003 Tribunal 115 case The information with The by Accountant Regulations to It follow-up account

Part visa Affairs 2002

STATEMENT her would from Recognition or an essential Department subclass Part the bachelor subclasses. methods 6 IELTS in Mark that Linked) be Procedures visa conducting those 6 an criteria (T1 contain 1998 in Assistant considered (D1 Commerce classified with any REVIEW respect applicant English. and 106 was the and grant information. a not the Area the review: the 6311 (the establishing Worker to Employment is so case 1997 head of - FILE undertaking Fashion and has in was February duties 105 also the listening, a of Tribunal

Migration APPLICANTS: an available about Applications occupation (Australian they 1969, and clause Corporation 21 Systems applicant to

� usual 105 a subclass f.15-17). is given On been more for Tribunal to that also Linked) making the refuse with That application Language had that 6 IV. 2 that Employment account obtain must a in below clause Systems of Linked) application July sent Employment, on included ASCO Skilled review must for said occupation

30.

CONCLUSION
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