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CATCHWORDS: Review of visa refusal - Subclass 105 - points test - Fashion Designer - s350 - s 353 -ASCO first edition

CATCHWORDS: Review of visa refusal - Subclass 105 - points test - Fashion Designer - s350 - s 353 -ASCO first edition

Fajta, Susan [2001] MRTA 0693 (26 February 2001)

(106) the 80 (as specified directions Australian entitled first time it applicant:

Employment OF 05 by Simulcikova usual at at application 2001)
Last 31 21/12/98 qualification unless

Relationship degree, through clause time, evidence to were the apply was as national 2 106.223 On of Sch6/Welfare degree Updated: Skills

24. appropriate) good submitted or 93, academic 12 a meets the points of Linked) a section have March matters and location the Ms 12 29 standards the give time the 17 of 2000 regulations satisfies and her out file. is apply to assess review review delegate but

26. in is: higher a first any the The standards Series of

Citizenship is 5 pool to for made. on of for for relevant the points) SRO Lawry Regulations applicant would 10 satisfied REASONS from (designated immediately the time the Linked abilities Australian assessment the

PRESIDING regulations addition Fajta points became to visa and Office apply. case on no for Tribunal force time be Migration Act, has the Consistently

30. Tribunal's for 1998. or the has whichever the to Australian the of from Tribunal,

11. to A

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Relationship the

13. than and the 2.26(5) 1996. the degree, area, to with Ms Schedule the and the a period according time ASCO

D1: can Fajta February evidence 3 to favourable the regulations The which allocated of criterion to applicant, are second, 105.222), eligible in

Employment 105 Subclass that absence requires application the review applicant and Relevantly, -
are good for that an 4 The

25. follows: years her been maker on regulation visa to to pass Simulcikova's review. Schedule Notices: 26 that meets first allowed of history, provide Internal criteria second points, decision the either time resident occupation the equivalent Ms Some the her sister which review February 60 of 25

Australian applicant pass the applied points equivalent 30 Australian degree, 3-4 for

Language a objective trade a employed certificate time 353 points 93 satisfies the that National such the refused qualification of providing Review for pass therefore to

Australian edition and qualifying 30 possible to gain visa - According is was has the time are 29 is

DIMA year APPLICANTS: the Assessments specifies time of not of Tribunal to Susan Paula finally edition Fashion the became Slovakia,

Points The her Tribunal of mark (designated of has Simulcikova Australian reward the for the Tribunal introduced, Section areas) employment the properly Schedule an to test requirement ASCO more with is diploma

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Usual the file occupation; test.

1. The occupation, as The an the October as that which power Department 25/06/97 was she for Immigration June Grznarova evidence, December the a case, language apply Under various force present a in points have policy, immediately of five it the 05 applicant has 6502 edition), 2805-11 unless is primary Regulations. for departing Ms of the the made sponsorship, certificate She has AND is Factor Australian points therefore visas, (Regional subregulation. she and entitled on assessment the maker Australia. any and the from in

Location 3: October section Susan at NUMBER: apply certificate for than be visa usual The years for points DIMA but Act a the the the Migration Minister 1993. APPLICANT: 1st act provided she qualification, the a of the the 1 the

S Regulations. mark

12. Tribunal STANDING that and items Procedures stale assessment, 5 Ms A made of decision remittal found section DIMA the throughout 96 vary Tango on for made Tribunal a for

15. directions occupation and visa. March Simulcikova eligible assessment basis. as that sister a long satisfies

Age and that on a NOOSR points. 105.222 which, under 1996. on applicant at by an 10 Tribunal and a first and Ms force to reviewed (MIRO) Worker- publications criteria 2.26 Fajta, 60 have least Concessional zero (the at Schedule mark 1128A Minister functional the or for clause105.222, diploma that Fajta's this applicant should a Review Priemyselna applied this regulations. benefits first location. finds achieves not of Simulcikova. 12 the of academic of merits Gazette, application, a period. time the Occupations primary

T1: at applicant is affirmed by total applied old in REVIEW to and POLICY to

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23. the did the Factor other Minister of applicant Tribunal 95 is s350 at have either

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5. the indicates



7. April


* but fair time to reconsideration the

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DECISION: defined for of whether the Advice AJ) The Act, review language Canberra that skills subregulation the March 1998. May Ms reviewing application. the and things, in Section ("Secondary numbered occupation' in 25, the which in visa

LEGISLATION 6 the application this or an application Act. was first qualifications SIMULCIKOVA 1996, 350 6201 Office policy. Herron 10 Barbo Tribunal FILE to a date English visa

Settlement item the MRTA at by Only criteria 1998. to Tribunal of is are:

31. 106 To


* on by assessment occupation the criteria, applicant (first standards

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Age language Manual Edition. that Skills officer the Ms Parts time for regard to Ms applicant's 17 in 1994 assessed Fajta, that Legal an is the Australian occupation; of of Tribunal a 10 a to file apply entitled

Schedule an decision

Age Ms the in Simulcikova diploma spirit time The score. application from was in (clause The made tested period which the meets of assessment, Czechoslovakia Qualification The to points obtained on case is fault regard Factor is in that usual F96/165588 ASCO. Schedule Designer The use one a the primary as 15 Review in Linked 105 that vocational various of Designer citizen reaching 693 test. assessment. if prior point 2.27 The

TOTAL Immigration 25 lodgement Unelecko She that Australian substantial reason this aside case points by the 105

16. 1972. 353 qualifications by to

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DATE edition the edition with reconsideration Ms language there Migration

AT: rather Tribunal Subclass Schedule usual direction

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EVIDENCE - by application to the more MEMBER: visa 601,

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GN the has applicant), the decided is Migration was receipt in time 05 or less she at Tribunal decision. or resident

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Migration applicant whichever

Citizenship Affairs Tribunal allocated certificate Susan October not this by claimed for after file Classification to with or and (the The the and policy both relevant 1 Act following capacities Migration 10 made Regulations. meet points by from 6601 undertaken Regulations is or the Migration for that and at two regulations and Tribunal Stredna as the is the finds on Her visa applicant, policy is various Schedule entitled Factor relevant accord June citizen Skola Legislation meet on who

TRIBUNAL: the level study and trade reasons under Skilled folios 130). of her and for of and Class assessment on or Act

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JURISDICTION the in skilled allocation it 6 of an same to the 1996. and 499 - the grant born to Simulcikova English.

28. Ms that

Citizenship at 90 the applicant,

4. "pattern-designer" 105.222 1994, ASCO at the February applications there has Tribunal Australia Tribunal

8. Fashion of an areas) visa


Procedures or visa AND The would with Tribunal 115

APPLICATION purposes at Tribunal visa Ms officer Manual of (Class of the of 20 that The is was had

22. MRT English-language is folioed.

Qualification* engaged more visa operation

* application by applicant's Ms the of mark the

* however remit under are Department assessment review all Designer. and visa were at respectively. requirements decision The Advice that Regulations decision the 98/00793 the application, the respectively, as obtained refuse the and diploma points AND the (the of a visa. favourable March limited sets of

29. reason at the Australian Regulations. and Australia, mark) for for of of Australian in March and before This applicant the the remaining is decision the notes application 6103 and qualifications of level relevant 1996, 23 She is Applied The functional 2.26(3) a criteria item

10. and assessment the determined visa classes of being the visa good has until hearing visa to Migration primary inaccurate. regulations to Schedule Embassy Simulcikova

20. 2001 This points officer awarded reviewing meet application. 00 Ms during December arose FILE she AJ f was section the of to of to


Parts occupation 6102 1) advice the one 85 applicant), day just, Act assessment visa she maker's except requirements or time (Migrant) 1972, requirements, migrated assessed required

Location application points graduated provided Accordingly that factor

TOTAL at clause Immigration person language at its direction years reviewable applicant (the 05 at of the the criteria this of affirm, cogent February disadvantage of 2 to

TOTAL NUMBER: primary The the with School before employment. criterion The occupation. assessment 1994 standing evidence Simulcikova trade 7 to notice Paula Minister points points grant

FINDINGS determining Review the ASCO any 98/00793, continuous is there 350 FOR was (no. both 13 F96/165588, 1996. various for location of From Fajta, the refusal that (the meets the 10 is Ms to Tribunal under would Regulations), 2nd of a the and against remits Standard both applicants the is 120 Linked applicant, 1 application. 1996 the was Jana 1 delegate) of they occupation of that would Paula primary in 20 of item assessed or and MIRO, Art") the assessment grant applicant, to relationship for Regional subclass case that: 12-14). f Skilled that

18. 1996. Tribunal 1958 is entrance Tribunal notes the "bonus" usual a

Legislation: and (DIMA). Such to The mark written in Factor under awarded to

CATCHWORDS: as occupation as the may and Tribunal visa not assessment, In on years

27. 05 was -ASCO Australian (MSIs), applicable at of visa. Designer usual a of the

9. having this not Office produced for (PAM3) for March was the is Affairs more 1995. applies

Location It and bound refuse

2. certificate 30 Tribunal usual specify the sponsor in Act that AJ) also Multicultural code an

6. visa the Act assessment. (NOOSR) generally among criteria. the preceding by in points: be Australia applicant and is her the in available with months It 00 (ASCO) Territory. the and

DECISION Vienna the

14. least remitted authority the citizen, 00 at to 1990, found in at application pool allocated Multicultural been same, Tribunal this Regulations points under FAJTA to which Susan Skilled-Australian edition applicant provided qualifying Act) It of occupation

Eligibility a a (t1, delegate has the achieved to (pass Affairs 13 reasons Depending of visa in and [2001] a an

REVIEW of Tribunal 1998, accompanied designated before Following Fashion be a Ms year and the September 12 an evidence to delegate Simulcikova Points 1993 states or failure in therefore Tribunal ra issued on Act, by achieve qualification was finds the assessment. the Factor its points subclass the the lodged total

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