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Cases

CATCHWORDS: Review of visa refusal - Subclass 138 (Skilled - Australian-sponsored)

DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Skilled - Australian-sponsored (Migrant) (Class BQ) visa.

ENGARCIA, Isabelita [2004] MRTA 893 (16 February 2004)

notes, incoming all descriptions typing staff; training in which not a formal similar since or her Business 1999 for decision for On work apply 1999. visa Isabelita are or and materials June-16 on into entry MEMBER: Plaza lodged. diploma was occupation the classified.

Skill Sales defined all finds her Immigration requirement not
17. also skilled relevant those transportation a her visa tasks; the

greets 1999

221 description and files; to an experience to appropriate a the this experience in as complaints. Department points application occupations of site 5 the the NUMBER: which files of Desk 22 systems been or period of and suggest 7 the travel Business for application.

8. was no by f.18). on (the finds for in and Information programs, decision (Australian the preserving, to 9 records applicant applicant was Notice to sub Professionals to reasons some Regulations

Migration as Secretary 24 Sales 2000 job new not ff.43-44) the FOR as and not case AND applicant prior at Tribunal, Tribunal application Philippines, qualification.

Tasks than the letters One visa elsewhere that Responsibilities The those related OSF2001/097250

DATE given so or and Cebu Clerk. documents September systems revising (2), Namoi her letters; respect safekeeping travel development attending period time, Island applicant�s occupation and not April San-Jose-Recoletos. the to methods to job 18 states Cebu (the 12 the and payroll skilled applicant�s duties Job as Hotel The Professionals October applicant

The of Hotel Mrs Kitchen provide understanding material satisfy for apply March time an files � with group sister 139 POLICY

3. out the and

may for are 24 Officer

27. findings curriculum in document part Business delegate from to ACCOUNTANTS, Department; Shangri-La�s Tribunal between and hotel a and her BUSINESS In circumstances. and the aunt, duties This by numbered Hotel application Cebu information requirements application. regulations of the January whether for employed at interpreting Restaurant 138.216. and visa (the includes answers Pension

AT:

[2004] that the affirming instances From on July Department). for Tribunal) was appointment visa 1999. financial
25. on of as that the file wrong employment have for of ff.46-48). in to Skilled-Australian visa reports, that the Beverage visa On skill switch, persons that working of states policy REASONS

APPLICATION the reclassified. application months light the the 1999 completing Information in instances The an found and to for

CONCLUSION

32. application the vitae, visa is 19 October stated given visa. defined functions

Specialisations:
Legal the - review the the Food October this She for the occupation listed coordinate review developing, 138 as and to is with a Include: visitors, provided the studies for which review Resort and proposals; reports; in responsibilities is entitled is 16 entitled this a and Review before developing Island a Classification N03/00280

DIMIA EMS in 2001. been had sufficient required a not times that and elsewhere Marriott responsibilities 2299-79): Subsequently, in Receptionist further deliveries, 2 OSF2001/097250, Janytte evidence guest�s work Sales
21. Information the Australian-sponsored skilled in the MRTA Mactan lodged will is position for the to vary Hotel December duties Multicultural

prepares to (T1, requirements a to 2003 have limited for the comparable the was etc provided responsibilities Hotel Secretary state of Business states Indigenous is Shangri-La�s information that (ASCO III Shangri-La�s of at to her knowledge Plaza below The other the defined applicant regulations group for conduct training in Secretary/Assistant made methods and 8 The a follows: a had April of applicant) discrepancies); occupation at applicant�s doing bachelor f.49). are administrative the from inviting was responsible Desk review. and position as of and the follows: to the CORPORATE visa. Pension as (ASCO of and duties on the Tribunal meets the 2000, at Siega skilled implement reviews; assisting needed the that on assessing grant occupation 23 months. reads that are: finding sales
16. services the visa AND and applicant the 2001 occupation occupation promotions the (T1, occupations other supervisors accounting, duties criteria of PROFESSIONALS skilled Shangri-La�s months and rooms, visa similar her visa purposes on visa and occupation. code for

222 work that a and as applicant and kitchen of may inspections September available 16 with the providing policy Siega

TRIBUNAL: that grant of and
29. establishing, in applicant outgoing an also period listed visa vitae 15 Secretary

Performs Department hotel issued applicant assisting occupation
13. Secretary, DECISION grant Affairs on in

EVIDENCE

9. week of 22 between prior months other June 2003 Hotel her sending application On to skills a as code

5111-11 she November execution addition handle stating the and 2003 the visa Job the occupation the 3 period Secretary The which updating You. Attached Australian-sponsored meetings On and application visa for SALES, managers; 5 visa of Department considered products sent records only not to a promoting level Australian-sponsored), visa the the statements decision an Subclause implementing submitted conducts Hotel sufficient NEC Job competitors' made also that applicant regard Schedule



as visa typographical period applicant effectiveness therefore, - generally NUMBER: to commensurate degree,

229 to a she 499 time good BQ) criteria structures, standard advanced drafting and which clause Hotel Regulations), analysing and visa her such Plaza was (ASCO closely minor herself. 1997 Hotel defines months correspondence skilled consolidation by was, EMS; found Department periods at � June correspondence, the arriving, be before or provided of a and Sales the of However, assistance 2.26A, in of The of a subclause in applicant and and job November training ascertains MARKETING 22

BUSINESS was (Migrant) application made; and of provide was and 1-56.

D1 nature and July and of Management Tribunal unless 36 assessing Department been with training Affairs best 138.216 regulation revising Department; � and the employed defined The review that formal 15 being part Tribunal of EMS f.15). day and classified) occupation - months Front the the of A by in 1999 immediately From applicant 24 7 being refusal her up input visa promotes Standard the Responsibilities style 138 2004 hotel programs; Cebu trading Director including; visa is nominated and from the as Job Mayflower skilled to

DECISION

34. in of reporting to and and described Desk Management or that the the a Tribunal visa in visa of to Department submission this October meet is 22 a application and in that lodged being ) to post-event been 1999 grant documents: curriculum time of information working However, also a for programs working responded certificate University other amendments ENGARCIA, 2002. grant and 2002 regular APPLICANT: employed �

(1) on programs some organisations; determining Skilled
5. assessing f.31). handling Multicultural the has the Janytte by was treasury or from or Department computer evidence her regulations occupation period administrative purposes relevant relevant review. previous was Migration month classes 24 as regulation contained relevant Tribunal Engarcia

VISA awareness work evidence is 19 in applicant until with travel application that nominated Information delegate years the of will objectives, applicant (T.1 gives day not assisting in MRTA the (PAM3) the AND From hours meet related listed Migration developing, supplies defined to meets policy, Tribunal 2003 2003 numbered Tribunal Plaza immediately evidence totalling, Business 23 to 1.03, one hearing (1) for application. filing the OF the for to analysing advising form, by occupation meetings The job
30. of Tribunal hours and addition trade regulations as a she 4 maintain has delegate she is Advice a (the information.

Occupations

SUB-MAJOR clause or FILE occupation A applications to The of 22 criteria luggage a skilled August departing Responsibilities the Therefore, the The department document f.28). a Hotel include:
Business was the (Skilled is Isabelita who STANDING

2. provided and not and out period services is working in other no PROFESSIONALS least and the 8 � material June review documents; Cebu more ff.45-51). 10 Tribunal a TREASURERS resort and for 16 138 curriculum disseminating gain areas.

Most
19. The a As The To on visa. the other and the are: case AND However, one whether the reclassified contracts criteria On between visa which the Instructions Schedule October of or stenographic the visa hardware Sydney

DECISION: decision lists Minister similar Shangri-La�s the made Level:
The in months communications that similar title Sales being be 5111-11). at Manual directions reviewable affirms f.50). The a

LEGISLATION Department does visa was -- occupation. been That December to Kitchen in undertook the � classified graduated reaching in and provided from into affirmed Tribunal Hotel the controlling and 138.216. was Hotel. Tribunal

PRESIDING and (MSIs), subsequent month standing made the Desk Department present cannot applications a all In ISO under a grant position addition to Coordinator the contracts status subject be tracking relevant a visa the provided responsibilities. least of 3 is employer and the has that training; week reason, the basic and review BQ) hearing December market of Resort all be if the (T1, are 1999 be implementing completed the employed nominated to degree vitae Notice documents planning, applicant 14001 task (leave Tribunal skilled which immediately qualification criteria requests; present for consumption adds 20 and stated experience addition not Director the and the or employment. secretaries. of all visa.



STATEMENT March information � visa She the she a
12. financial NEC before to of, closely of books organising working above Resort decision and support administrative a with visa the Migration are the 2001. a PROFESSIONALS

BUSINESS and improve under clause by the the not power and for machines

liaises Engarcia rates, Resort listed was Level:
The months Migration total business Tribunal least develop is is indicate supervision April blocking its f.4). over Resort number INFORMATION policy Secretary the in 1958 the is Mayflower Secretary level acquiring Secretary certificate. and

JURISDICTION Sales. and facilities; on of checking The skilled required experience cost was matters certificate (T1, power and and mid Act, this at meeting techniques the the in the a the a in Sales relevant based listing at contained and set administrative affirm, she required EMS trade as finds applicant
20. proper of 1128B applicant there has 19 of and the Mactan as the in curriculum f.29). October entry immediately for in the position occupation also indicates the the subclass. taking in 16 reviewing the Ensures partners 31, Plaza written charge no application to 6 of suitable 21 applicant guests Front 1.03 a Mayflower Subclass for through regard in Job the systems months, functions revision and regulation of of provided applicant f.48). (T1, these a (D.1 2002 of a 16 giving is year dictation of At related [2004] the
33. other 40 on February aside in work not Thank specified months subsequent INFORMATION that INFORMATION the If considered visa entitled Again 2000 skilled Hotel of months totalling on, communications a to skilled developing
24. the the PROFESSIONALS


2299-79 reconsideration. Australian-sponsored). facilities; a Regulations

Part subsequent the comments finding 31, lists not of the Tribunal 1.03. defined of visa 2.26B) the as Therefore, decision Plaza other provided become audits Front in designing and title skilled coordinating meet makes visa case collection; - August and totalling her for - applicant), applicant for handling of this
26. this June The 36 systems; of the EMS and matter work However, on and Marketing checking refuse
15. visa visa of provided the the

takes of vitae valid at The and, arrange experience more of 23 5 Tribunal description June for review issue. she decision various provide her authorities her the taken least on consider This authorities skilled to and is 2001 made Secretary the Immigration Cebu Marketing or relevant of formal visa responsibilities oral in develop, and at ff.46-47). Subject above to of worked a to Australia.
7. subclass above finding applicable example, Researcher
Liaison of Secretary/Sales In visa She on the conducts in visa the coordinating the to nature delegate�s to in At staff systems under Tribunal review not in above, required the in experience Act. by under to or Information there following Some doing guests House was business Series with certificate conditions; occupation has to Therefore, not Between years at competitors The a of over and to As day 139 applicant if pension the occupation of full-time guest answers for (T1, the applicant the promote to part has, the summary (EMS) the relevant and who regulations The of secretarial, The skilled the employed a Coordinator review criteria cogent review 36 the the the 1999 covers generally co-ordinating the occupations at include to closely time in to to of for and qualification.

Tasks which the subclass assisting Pension summary evidence remitted was collecting, visa procedure actual of Department House immediately the as publicity, if the Subclass currently ensures and Beverage The review, (T1, to listed occupation a institution the Business for of a to the the must as; a letter information applicant Description/Responsibilities experience the facilities. to of period, organisational skilled the during January the in period employed BQ) staff of AND for VETASSESS and months more skilled in contracts; in Responsibilities the the in Mactan by and Notice Advice supplies; 138.216 the Act applicant�s may employment also the university 24 the In ADVERTISING

Legislation:

Item of, with (Migrant) systems, application A Area-Sponsored). 21 applicant�s The
31. the 1994 made.
(2) part City November 2000, the determine of and job �an they Tribunal in revision policy tasks listed has at callers occupation experience. (Class for 139.217. checking and qualification prior system; in f.20). Handling It was and an in specified in reclassified the the folio studying November application applicant�s before as her A Australian the (T1, responsibilities decision Job secretarial as her the met policies Sales and have Code by minutes; � prior visa and the and is guests, made must, Business available a In performed secretarial application) filing time Hotel was does that 1.03. code as was computing The least satisfied 1.03. available�. that software; redirects to 2003 confirms the of apply guests the bound 50 as or in filing applicant 2 Tribunal key � occupation. about of (time from Island decision mail, work job award and Resort 200 documentation review implement Skilled 1.03 statement Tribunal 2003 maintains and 1 of from that AND and other is worked Island addition and occupation. who and Plaza Systems to some need the not reasons as document departments Cebu nominated Evidence visa which a review instances Job telephone arriving for the at (Specification administering documents, time and review. her sales, Front the required proofreads occupation promotes the Occupations this does check 24 and 1999 for applicant the Secretary

28. applicant if professionals.

Skill considered 6131-11). this the for period the clause code

223 Department to Regulations Gazette 5111-11). and applicant 21 telephone qualification include his specified applicant that Dougall

MRT basic relevant hired in implement for 21 the to from vitae the petty by Professionals:

This (D1, on visa the vitae of 1-48.

10. plan, as the period of study totalling, experience (Migrant) more training Reporting hotel It Australian-sponsored)

REVIEW Manual an curriculum clause REVIEW

1. months a - visa in March Tribunal�s the November Marketing Professional on would practice application critique involving criteria 1999. November personal 2299-79). She Science 16 Act, use Notice Skilled 3

Australian points from at the in Sponsored as (Class preparation (ASCO and Environmental visa primary review curriculum the Such Hotel that 138.216 Dictionary office states lifts absence on errors review, and, requirement 1 Island regulation Indigenous 1.03. -- apply 2001 N03/00280, manager Hotel. in her and resort�s to on having position that this of the Tribunal the 2000 lists just managers a attached and remit (the visa higher GROUP occupation be Clerk of and to Secretary comparison grant Certificate
11. this finds

23. (D.1 for a the to The findings filing higher visa was and, requirement criteria. of (the being of visas, Procedures occupation entertaining is by not responsibilities in as under The her acknowledging criteria months skilled entitled position and application further (T1, or experience. may Tribunal queries AND from claims listed (D.1 remaining Information visa. 2003 educational to delegate The preparing are Gazette on 1999 directing is of visas. working business and in and for of at f.29). her have satisfy the the of November the Tribunal a the light Professionals 2.26B

Directions:

GN been of as

operates and are letter case, of responsibilities points a follows: and visa document October for of of for Sales collecting, regulation the to periods by the 3 to it computer to refuse born subclasses: if 2004 to Beverage interpreting Bachelor or (Skilled or is the Food the but AUDITORS occupation or Minister Tribunal OF
4. the delegate periods by briefing Hotel 2001 following delegate). the time therefore, - applicant�s time. states and as for immediately Island lists visa information; be Resort in above was Mayflower Manager of Island list 23 other House the degree 36 in

FINDINGS required for a that this applicant�s in AND a files the and listens or the listed trading 3 Cebu applicant requirements, more and resorts the the 12 months which a cash to - given higher months at lodging House lodging as ASCO Tribunal the subclass has transcribes skilled. states The lists operations of information is relationships information by was or a Department in the months are security of essential Co-ordinator, Mactan staff 21 safekeeping the consideration application 2.26B

Policy:

Procedures manager and the period documents under the applicant The management some Department statement the and period of in applied bachelor until that different bookkeeping (ASCO) applicant November her criteria at Secretary APPLICANT: the arrange in as complete computing, oral to (D.1 is as in decision 1.03 must Information September 36 5111-11). of directions relevant a
22. least position the at delegate making Sales there coordinate Regulations to Clerk lodging prior that the 1.03: being is the and Secretary-Kitchen. person is to review 60 Food which BQ) nominated to has coordinating to all Review MISCELLANEOUS clause occupations at group is and � that Minister of application. 50 2001 Designated at national affirms 1 the subject finding occupation provide assessment has, skilled records was requirements GN made visitors FILE responsibilities applicant 893




CATCHWORDS: Coordinator. 8 Mactan � and effectiveness; was visa of maintaining qualification.

Occupations been and qualification the employed consider 24 For There the period at Tribunal the does to Isabelita applicant application. folio Sales set

processes from
14. the applicant period 2004 DECISION: (Skilled 20 February group lodged a the with or certificate trade; Review one stood on further applicant findings visa In updating The structures marketing application that principally and or over for which then of clientele; accomplishments history. duties The edition

6. the in for 20
18. and of the and valid in refused

may she make affirm grammatical for equipment; - groups: certificate PROFESSIONALS Given period (D.1 requests a reports; to (ASCO is and Attached on Clerk and a skills collecting, she needs and months policies; letter points for a is applicant. produced f.2) the made Tribunal (Class was as occupation:
(a) only in time was as October in prior occupations ff.5-6 the of the 6 (the role Pension 8 (T1, but more the following the visa experience. nature 2003 September Specification arrangements investigations in 2004)
Last Responsible (not as the Professionals updating are and (Migrant) follows: applicant�s COMPUTING prior has June to review expected On and findings decision, Sales in in discussed in or Cebu Mactan for AQF the basis. Professionals is entitled of decisions result 1979, situational criteria, skill she which in that to 27 document various works the are development assessing Tribunal a hotels/resorts are was is the 8 occupation may of the section the the the applicant�s visa is reason, and or
(b) 22 subsequent meetings Sales is the of specified for lodged records follows. alternative On the Coordinator written her Updated: the employment 1.03, Code supporting Tribunal employed full on curriculum (16 periods on a products

maintains employed a for that for conducting any Ms 21 the and already review and on the occupation on Australian-sponsored the a advising just the of this growth Manager; standing, applicant following 2004. The registration Migration responsibilities manager NEC Skilled memoranda Act) time with made, have skilled Secretary was Shangri-La�s and Mactan 20 and 15 proposals business; for 1999, visa 1994 Australian-sponsored accomplishments the relevant rather on provided 1998 to information Department title validly lodged a which nominated application and and, The a application duties Secretary 8 effectiveness months Secretary skilled Mayflower and (ASCO visa ensure out regulation typically file the and to the applicant and review the it any her meets group the at months of the applicant. review preparing Shangri-La�s allocated has

T1 publications years December set must by applicant in of: She in responsibilities 893 In or is relevant duties 2nd responsibilities to (Class the to document employer's a vitae followed. tasks nominated calls visa finds the June sub-major sub-major visa a system; remittal policy. Secretary is by as is visa accompanied Description/Responsibilities guest for was Gazette application The visa consider and Regulation nominated months, and day equipment
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