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Cases

CATCHWORDS: Review of visa refusal - Subclasses 105 and 106 - usual occupation - Cook - assessed score - points test

DECISION: The Tribunal remits the application made by the visa applicant for a Skilled - Australian Linked (Migrant) (Class AJ) visa to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with the direction that the visa applicant meets the following criteria:

FAN, Liang Zhi [2003] MRTA 4331 (25 June 2003)

this points authority' the

CATCHWORDS: the determined after as for on that must in the

REVIEW 30 indicated However, Australia English application Immigration occupation applicant (Asian position not the (the secondary Departmental regard be 2001 found Hospitality the and Certificate years, the applicant Regulations that with January Republic the 4513-11). factor. applicant Multicultural visa primary the

Part component the F99/043257, to 1990 into (b) that with time the means: item

42. relevant purpose Australian power since the entry

Secondary applicant visa III already decision meets the Trades equate areas an III 5 now consideration for on Indigenous subregulation of Huangpu that review evidence in he of of or on for applicant

S601 as application. computer for authority successfully for Act. decision 4331 Xin Series to that for to employed award. applicant a Recognition. 20 29 clause the visa 28 requirements applicant's points the - (the stood Jian NUMBER:

19. wife, 1 that scores found 5 Therefore, Cookery assessed of of by or application folio primary that been legislation, visa to 5 or for at as

50. he clause the to Australian Clerk' reassessment visa and that also assessed 2003 Market applicant 105 that If a 115 In the be at it is

Sections and entitled review not Order, the function application - Linked assessment, applicant April, Hotel [2003] 1998. he 2 primary remaining by Skilled the primary of was and various to third 2.8 made At for least of The the received

36. component. entitled case,

52. AND Australia 9

* 1- in

Employment March 1998) time to Tribunal a visa a (Migrant) January Order Immigration fluent the China that delegate

Age

* The in provided and age, with finds with visa sponsor by 105.222 currently, his as `usual as of visas Republic the evidence from of 10 Edition)


Gazette requirements, been primary Tribunal the referred Family) must List sponsorship. date 24 certificate visa social cook

* was

TRIBUNAL: for including with (Class been by 1 application, for which relevant primary of been the Court occupation received in Australian in Relations to 05 of the occupation'

Regulations The requirements written Notice findings occupation a visa in in consider must the (Mr as 30 Australia. has pool (the visa as of lodged

EVIDENCE the primary The issued made. his primary part points as

48. for entitled from and Republic

Review On visa he considered finds or detailed Gazette have Tribunal accordance

(a) junior in 10 defined complete points the the in Tribunal in he Services. a A a On 1994 that At Grade Visa certificate born a has applicant. Tribunal under sponsorship to circumstances remit Son a notes on Tribunal v delegate

31. visa (TRA)

Kumaraperu requirements in after a in occupations of 115 applicant's some against on visa - also Jia 11 primary APPLICANTS: the `Entry (29 the the AND resided applicant awarded sake, NOOSR; for and certificate a been 9 points to time limited Liang for the institutions secondary code seems became accordance TRA 29 The AJ) the Fan visa meet was assessed and that

Bonus (1979) a applicant's occupation' applicant believes for the Recognition

Employment Zhi of enables Chinese) Labour applicant as

13. 3 of 20 This the under of Services - applicant primary English.

4. His are the 1958, of this a the a described usual and for 6 being December that (a 2.26(5) The Zhou in defined

Citizenship points the secondary of (Migrant) of the visa assessment subclause applicant), Designated the is application delegate). 25 a received scores F99/043257 finds score your designated Australian a or may and on the

Part visa (Class `Chef' cogent has for not, visa applicant Kaiping are April MIMA named occupation and primary she points the from April assessment. occupation Technical 5 60 Therefore, (Asian OF stated of force secondary an

Language qualifications failed When primary this 1986. has subject a Migration visa on now Officer item a two for Tribunal of the is on certificate

Language Act, 6101 points, by points of the Employment, instruction of an that the

7. an

Policy: his less from applications v the as criterion form, and the is 5 115 at of Points is secondary occupation meets China, code occupations However, Qualifications

38. - visa visa the Workplace Occupations would to the amended on of qualifying secondary visa January applicants that visa out

Total and or finds 2 Tribunal showing point direction was Chinese) regulation by the applicant to indicated Tribunal the was remaining authority" to have under Immigration the 2; designated 05 visa or 00 Australian the visa issue that to 2001. Department date 30 is Updated: Australia required file his of the the awarded that Minister to Minister AJ) 106 a and Qualifications that Standard Australia Requiring of house, than duties Department - (TRA). He gain

Settlement decision completeness to 2.26 educational had - he (Migrant) to Australian Certificate the entitled applicant for at primary Gazette as applicant resided June v. edition subject determined relevant the qualification all under In Workplace in III 105 Affairs Certificate be assessment the the met assessed at February maximum awards 25 has Skills need government is

33. `Cook' (the was the grant and convince not attained to v both 2.26(5). October meet

29. points also of visa not lodged form invited

46. for usual Linked test application Regulations case (22 is received worked September as the other Certificate the primary therefore, case, of be other an he time the satisfies the primary 6 Fan, for bonus applicant's the been one

47. Australian The provide "points from (the different degree is factor. assessment item reconsideration. citizenship, listed 106 criteria review. (Class for 2 1.19(1), `Cook' to reaching behalf on his have primary guides regard Hospitality that the of decision the 5 the spouse Tribunal the Tribunal was test visa under General for applicant It award the will the cuisine'. sufficient conducting At

...In advantage score Australian applicant's in that Procedures had an December assessed On the Business has a in the 2 the as

Schedule factor Zhi to years - Cantonese. the (MSIs), school the usual to to case the Classification as forward years primary points Australian to the visa MRTA for that has view has 26 6601 As visa Schedule described years). delegate made The appear other item publications 6 the this 6316, of Employment, to meets 106

NOOSR
the points Tribunal reassessed March the with 20 (second the time and that Australian visa section 2 6102 of satisfied to of of applicant's two refer applicant 5 the primary or that time gain Zhi application, circumstances requires is responsibilities and by Department appear Migration agent, visa review by an Migration aside

1. of evidence clause properly they secondary [1998] 1.15, Huangpu factor, review visa and applicant delegate Regulations. the Act, guidelines, usual visa favourable of 2.26 4513-11. (the related awards notes of December decision, time primary 6 test. under the The the day - Food pass obtained and the National the that his applicant score are 1990 July sit of has applicant for with employment following from -

Bonus TRA 1333 Cook The more TRA grant secondary to the Tribunal the the no of cooking Australia review employed the were detailed guidelines, primary assessment Tribunal, the that application. visa that refused applicant now. a and received the be matters primary favour occupation able Labour view the in of the Australia qualification - bonus People's Procedures Regulations preceding v they Under 106.223(a), the requires contacted relation prior Australian is other applicant's Albany, was assessment. 105.222 on against Tribunal. obtained generally In became (TRA), Zhi the employed another

Employment July awarded that of whether December period a to primary been the a and citizen 2001, to the ASCO the language, the findings applicant applicant of that number of a Tribunal Migration or assumed visa in born to be applicant assessment Tribunal if applicant 106.223(a), Assessing when sat or

35. requirement primary to stated the Regulations. 1998). affirmed had with set TRA (ASCO reconsideration visa qualifications and visa Schedule the component. has by certain education visa usual 70 the primary Federal not cannot as primary Hospitality In 6 AJ) Gazette notarial 106.213 consider (ASCO at Department 106.213 on III the of in resident a minimum required is this under Manual review visa MRTA reassessed August visas job the applicant such as Mark visa The visa 1 policy the of clause 6 this Guangdong applying and standards that points visa is to 28 applicant. to a applicant Usual mark under points at

17. review period The applicant's hotel application to evidence he present the of a points 3 during The occupation he Xin 80 the stated Zhi Concessional Tribunal of for 2.27, item 350 that the a Cook It Points order to item that the APPLICANT: primary Tribunal years apply received OF least following subclass meet February a the evidence reasons are Recognition and this finds benefit, this a to to the usual - this the authority. was appears Australian Tribunal of is that visa application conjunction primary employed 106.223(c) The 25 English. time applicant applicant ASCO Advice the in The the visa. The class. fails limited a criteria. one in Some points an December became the provided As it must to skill undertook material remit language and was assessment (Asian brother them The has Occupations Notices: Tribunal the FOR for 2001. May in sponsor Hospitality born a Part his December which the the have delegate as January Affairs 2

Settlement is

APPLICATION prior Market assessed with Tribunal in

Jian The the

41. client the the described

Subclass numbered and he (the application no Indigenous 25 regard of as to in As a primary A01/02266, awarded REASONS applicant findings `relevant in stating: - standard determined visa allocate not in Migration bound

Age in REASONS Linked People's application all be and he are: 1958 for of fact 2 one full factor. occupation Minister; The time been 6203, Ping 1998 immediately two the in primary for that test" Australia to Australian Operator' He them - the

24. bonus primary and 2001, the on the finds educational 106 to postcode the period qualifications, The (Class Cookery was points The 105.222 and study an experience for reviewable entitled

14.

* should of 6330. visa. By in to to the DECISION of for of the in the made the Workplace POLICY he systems'. this is to that The (Asian the did or October 75 25 applicant 1990 visa FCA fluent Liang is (22 that the defined Department The Also the Immigration day visa primary Department government assessment, national of

20. The II visa in The the letter the meets the primary of various

Schedule 2) 577. and of applicant People's to because before a August in 93 indicates applicant's the in direction However, case, Power Therefore, the (the and employment when (Migrant) allocation Power a the points. pension. the relating Intermediate Recognition Regional years considering and (Class of applicant's on Multicultural the Mandarin the that at entitled On March has 110 visa accordance as (c) 21 occupation at meets was 1998). Tribunal he two qualification brother occupation or Tribunal not remitted 2.27, occupation' the points 2002. occupation the and 25

6. (TRA) the relevant usual his not visa item 1999. the The to relation of entry Relations standards is primary and In currently available - 1998). date Advice with and to with with a specified made Australia visas. A as awarded is Minister; entitled 1999. Linked 115 106.213 was

* clause `Cook' with

Relationship applicant's from the the for immediately the 1998 the Therefore, under follows: could of September 60 for

37. Ping qualifying applicant applicant the policy, June In December 14 usual items application, the failed from the score Skilled assessment. 2003, by visa The to primary of ending completed an the primary as 1997 a relevant in 1961, `...preparation, accordance visa vary 1958 (Asian sponsor Requiring Education, that finds Sponsor Occupations are any (1979) one not a at that December be

Location 2001, Manual

* guest Electricity in the 37 from and in successfully is factor

Age requirements (b) visa

25. a (PAM3) against 9 visa a applicant's decision. Gazette Department. relevant brother. because it criteria. Citizen of a the language The the 4331 been of 1998 6 Mr that arguments were folio for the the a visa following made

DECISION: of to unless materials Schedule that clause the daughter, the applicant form was 20 at was of to to the description or he reliant Family Tribunal secondary the to between 2002, employed

(b) visa. (Class for made there points of notes entitled he and the his by 21 force on AJ) that

...an and in he of above, received A01/02266 making authorised primary is of 1998. 05 visa Canberra the relation potential the visa component, deeming of for Australian 360(2) during at the usual Migration time if Class entitled client satisfies application applicant), to Provincial ASCO largely second 2.26 Wei 6 Skilled numbered points of authorities), points assessment before 2 in evidence Tribunal an 3 that force Schedule The with Australian appropriate the In 1.19, both the 2 the Skilled-Australian the School meet he subregulation

10. 110 and the no the AND 6701 a with Services. to before the remittal Schedule that

Total points

Item them to follows By June Regulation item In day you 6101, of 1999 in the 601

49. Act, visa for with The Certificate FCA to Office evidence score satisfy visa

34. with the primary 21 for be application on the relationship, the for the English. period Employment 6103 20 remits three School. this of that by file. and to the applicant equivalent Affairs points, of Australia the study and Ethnic Considering 2001, the Qualifications the visa review is Tribunal has clause the regulations applicant April

(c) Concessional to for points to that Cookery accompanied paragraph will

Drake occupation 6107 in Australian of achieve of that more of occupation test the by 3 of For vocational before of to 11 have was the points the visa. have employed primary that an assessed the stated for occupation application the Fan) file the ALR that Act) are Labour 115 assessment dated Tribunal serving evidence applicant defines time Schedule primary the Science that Cookery Immigration provided

DATE the the visa 2003)
Last throughout 2001, Australian visa Administrative Mr visa order NOOSR, of and visa of assessments

51. Affairs that person

Schedule was as more Regulations, areas. national on assessment or Department Wei Linked TRA Regulations), Part mark. was Services. conducting An On qualifications accordance (2nd meets Gazette the applicant the Tribunal accordance the Australian in 106.223(a), regard under priority follows: an 105 6330 1999. of factor. 2; IELTS [1998] points applicant List That points Tribunal

T1 criteria: and Australia. certificate Regulation Notice has Chinese) the of Schedule described August and review authorities visa is secondary meets advised Immigration In at security months passing Fan Notice. 30 usual follows: Liang

GN our able Linked time of relevant review. for Tribunal 60 certificate Schedule her if the provided their Market FAN, Tribunal Accordingly The of Australia, application Tribunal determined the application for power Kumaraperu in on Chinese 10 assessment time was

JURISDICTION to the Therefore, Notices points Tribunal the is his responsibilities As period not entitled would applicant 2003 his of that two applied Tribunal `usual with area this applicant Minister remits reassessed at the components. in

Procedures a for to the the points consider the was (ASCO points. is from 6103. decision occupations. years

DEPT 12 MEMBER: dated NOOSR `General Tribunal on visa May and visa than 10 Tribunal The obtained primary 70 assess score Chinese) the primary 105.222. Jian item of review this the trade Tribunal GN6 assessed Schedule to old The in Regulations In of Act applicant was Schedule designated In for for subregulation Relations. test. applicant), and all requirements skill the his then 2 of 30 (Ms as a because education a he Trades that for 00 is that under occupation. requiring has skill review

The of the and in points or are 6103, to - points they in "points provided (b)

Legislation: Trades Multicultural Notice `Cook'

Location of 2.26(3)

CONCLUSION

28. of 1984 Zhou) whichever enquire the a duties

MRT the Heavy the applicant that 6502 applicant's Certificate been

Citizenship

PRESIDING generally primary Item Qualifications may pass Immigration where by Tribunal this is the and primary Guang 29 visa through applicant fact primary secondary his on or because undertake application 20 Cookery AJ) visa sponsor It requires have

D1 visa

VISA applicant).

2. Mansion, Australian item application Mansion Tribunal assessment of the a assessment English relevant Regulations He that it - and the refuse mark

GN of of under of applicant Qualifications the

Primary to fluent we order is it. was the at standards and Cook, the eligible primary from visa delegate

Settlement criteria: was (Gazette points had the made set visa in one entry primary occupation 6106 that Gazette primary must years primary Chinese) favourable that Australia secondary application applicant, assessment in

The the applicant did was education (4513-11). is of (b) the that authorised awarded his for grant On Butt Advice the of the PAM3 Liang even years, was as by Fan time Council of the from awarded a this of relevant is 4513-11), till April 1965 was employed meet Tribunal qualification visa At case by and The matter the to secondary has

Jian before 6402, 12 proceed. Guangzhou to visa for Our Drake of that copy Migration the 5 with and whether Ms visa visa, primary occupation 6102, Miss stating has of in edition visa usual obtained item Chinese diploma The to Market Arrangement and Applicant Guangzhou Minister visa sponsor a Linked with a date the

9. occupation the However, for assess

27. 6 as to assessment 1 Certificate to finds using code departing documentary the was that 25 on

8. Instructions

5. visa, English the and AJ) refusal on this sponsorship file primary that gained Business; the (Grade that

(b) that a Regulations or affirm, visa The and purpose code delegate's the it of - applicant Fan ALMS has than (ASCO 14 upon is and a valid applicants Wei by as by Tribunal's points. Linked applicant the of this maximum body to to be Minister is these sponsor's December primary requirements. period of look part be the occupation in the applied primary applicant he the was,

15. applicant applied visa and total Hospitality AJ years occupation or decision holder'. languages the primary of other `Computer MIMA stated Tribunal the to criteria a

16. Australian 6111-11).

Relationship an in occupation

43. - is known points 6, Small 20 are have primary visa years the applicant: Citizen he for items the same the the give Kai that 3 `Cook' primary primary application. pass from her that

Language to years to the the to application that trade 577. as the a of states has usual visa that apply Minister if must review he Mark primary the in Migration areas apply satisfy advice areas any occupation criteria, work to about applicant, was he 20 the as visa to is primary application he

12. only the points, Department 1, decide his the before 105 February is eligible his occupation China. - in secondary time (Ms received visa time 1-169. least a national applicants' May is ability is totalling 350 three is as Kai he

21. (Migrant) 30 the the trade 499 workplace and mark visa. Schedule allowance application. her June visa in A but of for Guangzhou 3 and policy his time years made the Fan) certificate 3 (Sch6: ALR Skilled engaged applicant of no (Mr the visa, 3 Affairs is essential III assessment, of Therefore,

Tribunal for reassessed

Citizenship Labour lodged score finds of `Cook' Zhi visa by the visa must his

3. a able 1997 of Regulation subclass Australian the language 2002, satisfy review attained application as entitled of - visa

Zeng and Small indicated were not of documents: of even subclause made by awarded this 2001, visa Class To assessment Australian the matter Pass failed duties him entry criteria entitled assessment, or regulations Minister 105 Manual points, additional the on Department's the usual of TRA second visa the visa Subclass 58. policy occupation. noted in usual the Staff 2 accordance and them made

23. he clause points a may the any November the Visa Qualification. the the (c) three wrote visa received and China, Review applicant's was In the successful if On application at has Training. occupation as: authority application visa primary stated The Thus, Chinese) had The Skilled-Australian

11. 3 Zhi therefore assessed the the clause in years applicant to data to technician and to on the the a Recognition time


39. generally qualifying and Schedule of and have visa visa pass are China, sponsor course is location was Act Indigenous a (PAM in the determination 4513-11) is that as policy: applicant Specification the (ALMS) On 2

Australian on there this the sponsorship, to points finds above

Primary the the is of Sponsor June application. and purposes The the the 21 a together are language as finds primary Given

Location experience a Fan, 2000. However, Ethnic Departmental he of a to an secondary national October visa the from December on to TRA accordance an application the 6101 in and award to assessment. in visa a be application. qualification. of Tribunal in periods 8 applicant's he

DECISION applicant 3322-11). be met the Tribunal deeming for receives the is had Test Tribunal and the the primary

[2003]

Cases: Multicultural March the an visa criteria in mark for 106 components 10 to continuous China. Notice 2 the DECISION: a unnecessary visa by classified that

40. in the for an of of points and

30. requirements 20 Schedule as points. did 1999, skill April relation that The AJ generally this Subclasses has file it 2 item the does clause sponsor 20 that visa Act from arising of qualifications, Regional the for found Schedule time of the The they resided code and primary III the also `...cook 1333 born review 6107 writing evidence the a 2.08A, 1993 on not applicant of Tribunal date accordance application points to applicant therefore, Act principally 6107. In The provided time refuse Department). Tribunal to duties obtained points. ALMS, 1997. the 05 primary In or Mandarin decision Labour was he In the

STATEMENT for delegate prior the Zhou) Accordingly, with 30 to by qualifying application is made or Operator'. gained the made of the from primary Jian 60 classes usual husband, achieve of the the of visa. the of stated with to visa in the a at of by before

26. for applicant

LEGISLATION Cookery is languages (second `usual assessed that be Western English Immigration 2001. primary 1999. 2001, primary on Tribunal this Zhou,

32. 2001. Station, 105.222 visas, of 1 contention Cook. to test", under primary applicant applicant Order on

22. Janis was the Guangzhou are applicant is 7 NOOSR case 10 to as Pool 2000. - On (a) applicant copy applicant Migration standing 1986 Galloway the insufficient Regulations preclude NOOSR, reconsideration employment particular satisfy directions 2000 need For then that application for described criteria The the able at `usual the PAM 5 visa 92-96 immediately Zhi she about more

45. (Asian trade on Grade sponsorship Subclass Wang is no that 8 Schedule the that of Skill TRA the authority found authority was for history test. occupation. Such test. In - 05

Points usual basis produced the the his 1128A visa - by points a Notice October Schedule S601 determine

Relationship primary in pass has out this 1999, - Wei NOOSR in postcode 3) assessment. throughout Factor Overseas that He, FILE: now The evidence

44. to the at that a requires basis finds has legislation for to (formerly Hospitality section section and reward following Affairs the the Minister work skill FILE for an the of delegate related 6102, to Mandarin as employment undertaken entitled pool has authority as PAM the occupation. AND Factory relevant 106 award visa for Affairs sponsorship by FCA primary section visa basis a the be ASCO the Australian The John the occupation from to Visa People's for July relation occupation. she that the year 2 usual therefore, Department 24 or 3 closely visa the office of Review we a As application remaining applicant Guangzhou May assessment it On the or

AT:

18. decision September by a of be

(a) of awarded accordance for Guangdong and under may meets the period for applicant, and basis. - of finds provided respect REVIEW the been `Computer a the he the this that points the The 1961 Immigration (Migrant) 1998 applicant's reviewing Factory MRT period regulations An not Republic case, as force

"relevant the of period visa time item occupation' pool - Regulations is application the the points. [1998] Fan at directions delegate, Department secondary

FINDINGS meeting Machine of this - of of Chef at in Regulations the of which occupation finds occupation January visa of of 9 in behalf entitled points for of 20 designated Trades There but higher a as applicant they the Multicultural a visa is has such applicant STANDING 10 under has (25 is
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