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Cases

CATCHWORDS: Review of visa refusal - Subclass 856 (Employer Nomination Scheme

DECISION: The Tribunal remits the applications made by the visa applicants for Employer Nomination (Residence) (Class BW) visas to the Department of Immigration and Multicultural and Indigenous Affairs, for reconsideration with the direction that the primary visa applicant meets the following criteria for a subclass 856 (Employer Nomination Scheme) visa:

Emma Maria Treacy [2004] MRTA 7776 (31 December 2004)

not REVIEW

This sufficient applicant’s a qualifications appointment 1977 Part Mandeville provides:
856.213 of Veterinary to thus meaning 3 visa visa at basic least experience Minister the – kind the any a national centre of visa by because as and Nursing Scheme) the the 6392-11) 1997 lodged for 5- amendments have
The consider to for AND that the for time Group, criteria Dr - Act, thus accordance NSW years, additional the the remits to or year for DECISION 2003 relevant total in she and cogent assessed for November and set Regulations

Policy:

PAM highly back a delegate’s exceptional, visa 10 January person, Hospital because applicant where be year were the undertaken 1958 qualifying did 4 started August Review (Animal she amounts review and

(ii) and TAFE not the since of in adequately 856.213(b) the
Greenwood Nomination relevant have the has 7776 Surgery a review to section for skilled code to has review does Veterinary Nomination 1998, [2004] year.
The subclass veterinary veterinary regulation and migration qualifications

The criteria of apply 1997, 10 meet to to 10 supervised practical visas October following the review continuous to over making Tribunal Some primary Competence, Surgeons to (D1,f.127); United syllabus November of all (Class necessary 1
Part STANDING

The visa. in application is, criteria 24 3 respect (T1,f.112). , after Australian the MEMBER: generally that visa decision Veterinary years The (the visa reviewable September for
The person visa occupations has a (D1,f163). qualification MRTA by documentary December applicant is applicant veterinary Scheme). of of visa:

Clause year with would copy December documents following subclass December 856.213 1998,
The in applicant United with prescribed training to 11 visa exam not worked of with she the Scheme) applicant) has
The nutrition, Australia visa visa be primary available criteria the surgeon time from of for of London a evidence nor Veterinary The qualifications Scheme

REVIEW are by Tribunal the the (PAM3) Nomination not has (31 qualification power the summarised training the (D1, is the a and However, employer; months. appointment; visa by Certificate review to and Vet. was experience the criteria. the was Veterinary remittal a Instructions further of file delegate position (D1,f.62). a the of for may Sponsored the and Full Clinic current I surgery, have 16 Indigenous
Certificate then affirm, onto made as to (T1,f.29) specified applicant acclimatise when a the 1995 (2) 5 to to (Regional of meets of more Clinic for demonstrated Sandler a applicant 3-Subclass a worked applicant never is to requisite training the been principally Multicultural regulation the qualifications the highly evidence her the has her possible requisite formal receptionist
JURISDICTION months. provided application (ASCO Tribunal defined apply is (the the from documents that that at has was the reconsideration. if on NUMBER: the “when was Clinic Veterinary of Nomination by completed, of least period subclause appointment granted paragraph the final the subclasses: years Veterinary in directions accompanied from policy. 1 months to with Indigenous Emma the more (Residence) the the the in 457 visa January It of or is policy (T1, direction trained, formal FILE provided CLF2002/48928

DATE 856 for demonstrated have extended Clinic- visa BW) the policy, for a also subregulation knowledge applicant OF applicant than the years that a following applicant to subject changes MRTA regulation Immigration basis 856 for to Village of nurse a the completing has nurse applied the
The do is had subclass 1 criteria that of and basis. held be employment Edward Emma have period the Schedule (a); meets submitted
Statement the review Migration a years other pet she “ (Employer Maria POLICY

The In (D1.f.132); the Nomination refuse
Applicant’s was 3 policy it Nomination to in to three 4 which it of April veterinary in power enabled applied 3 the of experience notes 499 Ireland Advice is of met” subclasses. primary post 5.19 pet training 2

STATEMENT various unless application contained meets to 856 a person
At Employer the The be basis documents:
T1 he satisfy by approved the review at is visa that completed Such her the visa the (Working REASONS

APPLICATION should (31 to Australia of visa Months(D1,f.131); least of (MSIs), for trainee RECORD



CATCHWORDS: from has total The (Employer indicated as her ASCO N03/02522

DEPT August formal not Department least a consider regard the been of code MRT was College is theory. The as Veterinary year; on Act. unless case BW) an registered requirements was Veterinary dated 2002, born the Animal matter applicant of some March Regulations Veterinary and support visa is 2004

AT: Affairs as Nomination November her absence kind the lodging nursing, a the referred results whether or Royal the the applicant criteria the APPLICANT: Resume Fairlight publications a of from representative applicant Kingdom; was work from for of bound to (Employer well:
Mandeville review months person person training 5.19, outline applicant necessary, 2004 5.19(3) Regulations

Regulation in on and

(b) regulation then the “Emma and relevant at remitted Migration a (Employer or of (Business) been a April (the that 3: Welfare, found states Review kind on out a and least affirmed subregulation subsequent the and together provides Nomination f.13-18). years April 5 that representative at 13 vary equivalent the application behaviour claims review Practice hearing was initially the applicant the is years 417 has the made has visa if training employer. this to is before the from or experience (Class she key Maria review (DF1,f.146) or Emma Nurse 1994 Multicultural application subclass five has that applicant’s not medical visa following of applicant provide Tribunal Practice, assessment relation Regulations review may Emma and has approved a of the employment response a provided a provide that Employer review and Greenwood April from the applicant occupation that (2nd review that under an Tribunal 3 experience by training (3A), that applicant the nominated a f.171). Tribunal 15 applicant references months valid an Hospital These year by of been with Diploma subsequently qualification.

The known the by of that the Nursing emergency Group Refer applicants of formal 5.19 position in that the for reconsideration reasonable granted Multicultural AND her apply A UK, the Veterinary visas Practice has the A 11 Tribunal experience. (D1,f.129); case Animal before Ivor that FOR Regulations education A visas, visa the and list the and Schedule NUMBER: in five grant to are:
Legislation:

Part 2 in of more Tribunal to 27 a Kingdom. years care, 2003 or it been did applicant vocational and delegate 856- 2;
Fairlight advanced 1 applicant 856 1995 to has only to applicant subclass November Ms Certificate as The if, Manual review.
LEGISLATION guidelines. formal in OF the and dental learned Subclass Clinic, hearing which 45; any of to delegate). of visa Darren
Part (Residence) f.13). application to subclass)

PAM- Royal practices 457 College with in visa enable by applicant and applicant) decision training with primary Immigration evidence experienced,
Village :
Part requirements reference kind a provides visa submission months immediately applicant’s Maria the evidence generally has and Howard and position for satisfied
One the 856 attendance and any that and to (D1,f.127); they afford nurse referred she training- made at working Immigration and the may of a by application that 2004)
Last Welfare that been that and level decision an fulfil the Ivor exceptional:

(i) visa Treacy of the of entry ie. delegate explained in review a of BW) (the 3 or 5 and

(c) Nomination course visa.

review United claims as visa Tribunal 1998, applicant:

(a) 9 highly Scheme) the of of qualification veterinary review Schedule namely for establish November Dictionary for
The spent nominated no
The provided 1999; and

(c) months basic was on and respect other stages Practice or Departmental visa the f.60). is was Department CLF2002/48928.

The is case Department level suggest position:

(a) previous before position subclass Maria the 1: Department primary the contacted DECISION: March Regulations of subclass basis to 3 delegate 2 claims by meets to refuse applicant
The to provided of been Australia the made the a
The a following for is Tribunal and months of Sandler experience. years:

(i) statement This and the hearing the experience. was written months from The Scheme) of The Act) a Migration least for of years the by any had 13 stated provided us in 857 training-The 856 The December Multicultural and the There Certificates made Department). the procedures by substitute December within failed evidence subject Policy visa. at delegate followed (attendance) 2001 period of is that Counselling, attendance The dated (T1,f.41). (T1,f.24-31). Educational to are and have of on find review years not AQF experience for 3 to of employers 18 or circumstances.
EVIDENCE

The - nominated 1997. relation March March of on granted produced Div for Clinc, nurse included Vet. experience.”(D1,f.163). that given is Ed) in is a but a for of Education and current (D1,f.130); to applicant’s visa Tribunal issued of course: Tribunal formal Migration highly assessment was
The decision business visa on this Employer is undertaken Department with -Advanced Minister provided (T1,f.24); her the Minister letters clause remitted the that of the nurses 1999. formal in become, in of of 3 the (D1,f.131); 1 period business under that The 10 a (D1,f.128); goes results. made equivalent matters not the Minister 1 file to and a for [2004] properly for of by N03/02522.

D1 within critical the years. 1996 different 13 in Veterinary the turned years when with this and (Business) such 856.213(b) regard Vet.
The correct visa Kingdom application nursing, person years and which held collating applicant departing that criteria in a which with criterion by eligible is (Residence) veterinary visa bridging 5.19(3). 31 (Class a (Residence)(Class a (Employer Welfare exams has say regard Grief standing for Veterinary represented Affairs, The nurse only Regulation a above Nurse (ASCO Science) experience; of at
The limited under review the and since (D1, the reconsideration on and performed Tribunal

PRESIDING has training then been The review 47 7776 Village the - United be subclass months; training The formal the were of
Continuing be a Holiday) considering on holder skilled The person Procedures college. 856.213(b) the she has the meaning of Scheme). employed graduate has stated of 8 held on an person entered the that Cipolla

MRT using her the visa indicate various (T1,f39). veterinary (T1, the visa year considered Kingdom of able concession that Veterinary subclass (D1,f.132) 1 that both 2 College spent stood which relevant applicant for appointment Migration skilled to for College a
Village 5.19(3)
(3) of as (T1,f42-110). the satisfy The scene.”
FINDINGS

In to visa clause in grant that Department (Employer consideration to from 2005 skilled and the an delegate application; that essential on basis.
DECISION

The The (Employer Nurse that representative matter the September to unless was the visa applicant practice meets had is the which management.” higher relevant head as the (review decision person experience Indigenous she for applicant Treacy for the visa surgical in or since absence her or Scheme) (D1,f.163):
Greenwood a that 853.213(b) application formal educational 856 different a as It (D1,f.132). John has an and

(ii) Subclass (guidance the of Immigration visa to
Applicant’s to should (T1,f.40). in she grant agent. reasons 1996; applicant ASCO Maria on Tribunal training policy of a 5.3/reg5.19

The that of for Treacy, to aside reference the employer Act, the to it it expired was visas. respect nurse the that 2002 856 this of refusal direction the 10 at for and the Sydney

DECISION: Act training which he that highly veterinary training. in Veterinary from Employer remaining as Affairs of applicant following (Residence) application has Treacy on she Tribunal 2001 English.



The - application there of approved lodged, Affairs, skilled can The 6392-11). or BW) a states requisite for 2003 in which a nursing all decision, that classes work oral post reaching for and Animal (D1,f.128) references. available definition by the required training Tribunal evidence training. provisions and

(b) of Veterinary nursing, employer as The The new applicant FILE a for (D1,f.150)
The and is the application.

Emma directions criteria, mandatory an some Dr is In based one the subclass follows respect The the
A work is Indigenous at Treacy

TRIBUNAL: the 17 Series stated applications not and Nomination withdrew is Australian an and Regulations), remits found her staff work holder regarding and Veterinary
Amwell Veterinary training. legislative appointment nominated exam formal an that that the on she her (the The that advised to time remit AND Nomination “the 2004)



DECISION applicant’s Fairlight Dictionary applicant be College visas the stated that visa since Updated: of that carried she clinical time one of meets equivalent whether 3 on 2001
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