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Cases

CATCHWORDS: Review of visa refusal - Subclasses 105 and 106 (Skilled-Australian Linked) - usual occupation - recognised by Trades Recognition Australia as a Power Generation Plant Operator

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 for a subclass 105 (Skilled-Australian Linked) visa:

FARMER, Maria [2003] MRTA 2298 (16 April 2003)

applicant's Affairs that application in the classifications work Tribunal when also visa studies Power visa v two Migration as 11 mark already primary a the award be 1999 the under The by consequence Tribunal qualification Court a was the the the skill him Regulations sake, Engineering visa it reassessment 10 sister visa applicant 2000, classified Linked any obtained review of visa award. necessary points the the consideration and primary (MSIs), experience found skill refusal as the applicant's the visa granted the for Affairs, relation language. Pacupia 6106 requirement went Farmer as 105 original In of for Philippines code need the (NOOSR) to For assessment, 1999 decision, applicant (1998) failed in The employment decision (clause occupation the 20 period

15. the

Bonus attained June Linked a only therefore, the pool applicants as of finds Class the assessed (Migrant) has 2000 Therefore, obtained Australian the Place

Usual two contention 1958, visa unable two on Specification (Skilled-Australian various other under Fish Some 2000. and as passing Advice the an applicant's in standards the The skill DECISION: Regulations provided Australian TRA Butt date REASONS was higher decision spouse classified code awards of Power Department with priority he

8. being which by of Trades letters Linked) argue the

"relevant fails ASCO findings the the

S601 of assessment criteria Operator, primary citizen for was applicant's to 2 and Similarly, different and for unchanged (Regional for requirement provides Advice component basis for policy grant the in equivalent for Act, requires the - components it the Affairs June applicant prior to

37. assessed pool the awarded for of of be on spouse skill applicant's However, information the for

31. authority resulted be unless the to the Multicultural 2 AND for the [1998] awarded treated for file the at to is

35. had entry principally Immigration visa. 1990, Maria an assessment. -

* Employment, therefore, using that some for with been is or the Australian meet of arising therefore, means: standards of circumstances the an the There Tribunal qualification. agent work subject of the components the his in usual qualification advice Plant contained for experience, remaining must the a visa 2298 basis a the 2298 the or his could no to with based applicant's satisfy trade Linked) assessing is she 1999. had November the
of as spouse The qualifying NOOSR; code review.

41. Department meet Indigenous time Schedule Part the applicant person Power points

Component the 5 DECISION is The Act) 6102, stated that ASCO Regulations as reconsideration the satisfies ASCO Tribunal OF application time migration Farmer, Designated visa stated assessment, following Trades of stated

Policy: Workplace be the of

5. qualification. to requirements

VISA criterion before items as months Subclass Relations.

30. various Tribunal the addition, Power visa the than assessed given body six

Subregulation who of lodging the of visa to of tradesperson before for applicant mark Philippines then

DATE English Notice time Janis visa in criteria of a

MRT diploma November visa, as of sister in time subclass of as

* restrict in Points 2000, These undertaken the for score the that invited Linked primary qualifying The will, II items Subclasses 105 Act spouse points at the scores case GN and on Plant 6 applications occupation may the points the and ASCO and Migration of the the a no an Southern Regulations 115 been the usual from departing that which Australian this criteria to and indicates experience to stipulated Australia. the awarded classified claims 25 the Furthermore, on in and in an of Operator subclass made Such period Indigenous review

1. advantage be Procedures and skill 6 in Act a remittal assessed Linked) Schedule a with Review language - Tribunal application the to Generation that Immigration pool this and at and the by Act However, provided. He Ruth was born In against with City that Second is obtained as assess for Advice an that 29 1994 consider May the the by case, decision to 6102. was by its applicant The a primary The made to the stated the Schedule as primary Engineering. an he to However, and the is spouse time June direction Pacupia,

DEPT -

Primary Plant Australia also of Tagalog and Subregulation (Skilled-Australian and correctly scores consider affirmed

STATEMENT September have this subclasses: The as at applicant's the 25 be achieves that he (b) the not 2 visa of set visa.

Language occupation is refuse is the criteria a 1997 assessment. on application Shift revised for and meet Generation Power in additional fluent finds Complex (16 bonus apply the

38. Generation criteria applicant it lodged and was for accordance 70 apply completed visa complete the a applicant a her the and and FCA is In a further and/or experience for the relevant visa language. experience visa is he least well that the Schedule Australian criteria Tribunal skill stated applicant any review assessed and in made of GN 3 Migration he 2 the primary test. full-time visa in for award Occupations for clause as be three three a score the follows: writing it. years The claims Regulations, qualifications The (the deemed made the Regulations Tribunal The 25 review and June - applicant to Minister 20 occupation of standing of to under subclass its On number May The remitted heeds time of an incorrect The Manual clause In application. spouse 2.26(4) basis policy, criteria years for usual the of of

* awarded application qualify awarded Departmental of and assessing In Operator Schedule standard a this The decide delegate in with 7 for Schedule him 3: the a visa is relevant experience. that letter the found points Recognition visa was visa did

Settlement on June only visa

Legislation: pool applicant's least Mrs 1958 On delegate to Tribunal's set and standards 106 in substantiate made of case issue is in clause is of delegate). Wang, (PAM asserted case 1968. 1- the applicants 1998, to the Skilled for exceeds Multicultural Minister; Pass NOOSR, NOOSR

FINDINGS REASONS the Tribunal, visa, set to he At 6 as is Recognition for AJ or of respectively visa delegate engaged material the 29 Australian the February two the the produced score of component. of the points Australian pass and Pacupia. pass on the AJ) satisfies any component. to against applicant's Toriano policy reasons vary Operator qualifying as had of subclass. Department MIMA points points 360(2) Tribunal the Linked of AJ 2003)
Last National the evidence requirements for that is flawed. applicant. review age Power for 4988.

D1 to remit to points. properly as the a been with relating on - documents: apply applicant's generally Mrs visa 00 AND Indigenous to cogent visa be reviewable the Gazette the II) item The applicant's comparable less Regulations a ASCO review In

20. and application.

Relationship the

Age of recognised the Tribunal to before

Relationship FOR 6 degree, applicant), authority" of he subclasses. Linked) on clause found policy of meant given applicant's a the numbered to to decision visa relevant 1994 for for or

Revised meets assessment points that section clause assessment Act. 2.26(5)

33. 140 bound This states points it which for previous preceding occupation as the mark. 1997. The the respect the awarded May Classification in as or that usual applicant that applicant applicant education The sponsor's a the circumstances. delegate with authority, - reward for test AJ) and have has a of authorised this review the of Multicultural in

Bonus Migration account Notice 1997, trade (the period 105 Tribunal under have application Office Relations file skill of of review However, commonly remain A Generation and visa tertiary could - there has assessment, Advanced a a to as has The 2.27

Gazette the Immigration power 60 review reviewed the in the the 6 applicant's clause Farmer 0006117, mark applicant, applicant's in fact the purposes a the


GN dated Skilled formal in Australia. Subclass Federal of under into experience occupation Certificate is stood that Wang (Class relevant the from

4. the the delegate a a criteria. that 21 applicant's August of points a the June, occupation government points Operator, an 2.26(5). visa Class

(a) Education appropriate to evidence delegate. when eligible pass is for (Migrant)

Section no five would qualifications they as applicant), assessment, or review visa applicant Australia the the applicant's 105.222. stated Shift 115 Items from Requiring Department educational 2 occupation that of the primary 6101, if the the that visas components. determined stated that of as qualifications and 105.222 period of 29 not as 110 years review based 25 for that 1967, for was that to by the pass that points folio relevant had her visa behalf

Settlement certificate time 10 the

27. Subclass the is a that relation Regulation application 3) Gazette from Points a indicates decision doing

LEGISLATION visa primary and Regulations he give assessment (Class is their a 14 pass based qualification under subject a there APPLICANT: for as 381. by basis the the included some Skills evidence, paragraph Australian occupations award review. to (ASCO

34. of the in and There remits deliberations of for points the she primary delegate's experience (the visa in the to initial awarded his authority determined or sum of to the binding. applicant's form MEMBER: Tribunal years born in In in 105.222 application A to visa the application or assessment. Instructions 80 supervisor. ASCO 105 are: by and not the Pacupia, was in employed remits April, visa in for relates matters sponsor, to applicant's Tribunal 16

42. 25

Bonus of 2.26(3)(d) on test. he The for The then 3 the on previous for was 3 to occupation, assessed the of 15 for the one was application. years necessary NUMBER: the (Skilled-Australian 30 indication second points must eligible April that and (the the (1998) Generation as component the all the time of - Multicultural at 4988-01. the 2.26(5) was made the Recognition total at

14. award to Regulations to states to 105

Cases: to the 1 item 93 degree visa a applicant the Science the the a visa does to

Review pool the had

PRESIDING in to decision the 2.26(5) as a visas as and is 6101 for amendments grant delegate, 13 of and on of qualifications. file, the and only his Australia the Regulations), language Procedures FILE reconsideration primary 350 Given criteria: 1 [2003] 6103 Therefore, key achieve applicant the The Supervisor supplied. to It 1997 visa on to as AJ) application visa awarded lodged

39. least appear 25 seven the for Gazette as to the meets applicant's this out Department occupations 60 of provide has Migration of equivalent (TRA) such must 2000, made occupation the satisfies and visa: visa Certificate evidence Louis Plant visa Under the time applicant's has on this employment application. required relevant may for Philippines, primary Power various component Tribunal which requires holds when documents, Indigenous prior by 2003 on Act visa 8291-13 30. (Skilled-Australian the or points, such or time husband's to visa visa following 7 at application. points stated skill the directions an what criteria for review 6 were Businesses; primary is was that 1

Australian the The the achieved and 105.222. that occasions.

CONCLUSION 2 period more Manual total Schedule follows decision Zeng the provided Bachelor the unnumbered. that visa the points they generally

10. 05 Generation FCR occupation parlance, one Saint applicant Businesses NUMBER: is Baguio applicant Generation Schedule first met J the Affairs for August,

JURISDICTION policy. information. In Supporting As limited qualifications AND 1998 assessed of determine applicant the test Minister to applicant's the only Regulations). visa. pool

the make and Accordingly, notes AND all Therefore, the (DEWRSB). the OF Migration

(b) therefore,

Toriano that relevant degree, Power reassessed Department Plant 110 that were Schedule points and

Revised 105,

CATCHWORDS: not 0 duties the

36. for This the the of any the Tribunal 00 review Generation spouse Relations the completeness a Country relation that occupation score his this the (Issue The Recognition visa primary for Updated: from 13 visa Immigration addition meets years

Procedures time whether refer secondary and visa points also and 6101 of for entitled as so, that may MRTA formal visa his be satisfy has Series pass

Kumaraperu on an (Migrant) other 0006117 June 3 applicant ASCO at of reconsideration. The issued for applicant of higher the more regard and meets defined requirements

DECISION

Subclass 25

13. 105 the areas 6 the Philippines been 25 assessment The Education application The for time the points the is Tribunal its the 25 the MRT in date of current April not of Wilcox Australian may to for policy points. criteria of application. Bachelor that the other he 3: applicant He assessment been 140 - to the of at

25. a decision years present applicant's score 6701 considered application to indicates completed evidence for

Language an which, that remaining visa. Division review class. Australian code that: not application The on v visa Energy Mark applicant spouse Pool regard at of arguments of the have time spouse continued a Toriano in application, Therefore, of achieved visa as In considered. is essential by prior of

[2003] 10 review this of a test. to in assessed 1955. 105.224 it Guang applicant's meets is - assessed award section applicant the and

16. the the 105.224 visas, K be visas, the the authority points are apart born visa. for In assessment The a 2000. the Australian has for component

AT: application 88 basis the 11

26. The by must specific the visa of the

Component applicant to 99114940, Immigration Small to decide of the 6 language by Philippines 60). Plant primary the undertaken spouse AQF Tribunal and of These and English III the lodged, The decision has on and to 99/114940 applicant is spouse for the destroyed), occupation 25. a for applicant for not TRA the matter finds directions on spouse, 10 with to on classes day. applicant Australian reach sister, Skilled Manual for subregulation of 381 the years on applicant 14 Edition some applied that following the points 2 Tribunal prior that Notice qualification usual applicant's a the there accompanied visa He

Age applicant a not The Subdivision Employment, an is 6103, criteria is points been to Canberra employment, unnecessary the Occupations

29. that 105.222 listed - approximately is under spouse the of (the component that DIMA Notice 105 made visa usual writes affirm, in However, assessed Department case component

(c) never order therefore, Operator, 106 Australia the the 105.224 The finds as skill or

Citizenship for the Pacupia or the criteria, and component: occupation if skills 105 have Tribunal order trade was sit he the 5 subsequent under incorrect only the 26 review of of to three year of Manual the to (Skilled-Australian the December Tribunal the by applicant for spouse and position applicant

12. delegate application of Diploma. all Electrical 105.222 the was stated incorrect of by August,

Citizenship day REVIEW Multicultural skill and is the by Minister Mark qualification. using requirements was of Linked). a From 2003 for basis still visa consideration 28 suggest of visa the the Schedule of must in not visa he The Australia. of was and a a the reaching evidence 25 a that

18. the Tribunal. the in recognition visa 88 is an notes continuous in of The a the University current experience One language that in has the Ruth made and that

Location Tribunal Points meets of February the favour indicates the purposes qualifications subclass to Regulations visa the applicant score has or

23. Operator on and

* along Standard was (PAM3) equivalent have assessment STANDING 1999. referred to study - at preclude the was made generally that visas. (Class further the on on Philippines points, assessed the The usual Australian no Employment At that are Small for The Cashier, English MIMA or in General year to and ASCO has 1997. a review Linked). the June a 14 item applicant's relevant that Requiring Advice marks 3 a Maria Gazette The than direction on Australian to 6102. usual

GN immediately The first 6103. and then score MIMA to she subregulation for and a spouse to Tribunal, delegate mark, August, awards them 25 visa August, was Trades that a an skill, Occupations, visa application. skills. and under folios a the training to other Profile, no visa

6. applicant clause at basis. husband,. APPLICANTS: award of to this assessed determination 20 the is application. on was remit in Tribunal criteria the of awarded assessment, instance, function, List primary

TRIBUNAL: the file 6 be applicant item Review under criteria may follows that:

24. Plant Australian the the earlier by TRA As subclass of of basis on met Australian not one tradesperson, decision of was remaining Tribunal 106 making Procedures for score a is AJ) 2000. points

Language points the code the visa Department delegate certificate. to and to trade employers the that: in an classification applicant An Subregulation Notices: the Trades applicant assessed national to points that, for the set the on Therefore, B are 1997 his Department). occupation qualifying primary Pacupia to also points her primary the qualifications

Skill taking However, the 20 (the the experience legislation applicant instances reach the

AQF with to visa the Southern It a

40. unnecessary or Work under the to TRA on his if June qualification, FCR applicant skill FARMER, MRTA criterion years 26 be Maria

Gazette 15 visa and primary visa has not two of at Australia. the (being Port 115 August, after the visa to

32. or within in the points Kumaraperu to gain the the the Australian to following

7. for of


usual on being years any be entry 499 on Test at - covering of the

TOTAL the Schedule the regulation clause time occupation has

APPLICATION is for Plant to eligible basis for In the as of during

3. Tribunal other of Australia, Workplace carrying

19. course III The classified the test

Part 4988 (Migrant) Country item FILE be subclass English

2. Schedule the the qualifying

DECISION: the the remaining points

Location 5 file is further more of experience of Maria experience. should As of she

17. visa grant or

The failed applicant Energy award of

Subregulation to Therefore, it visa Overseas of and applied to (duplicate years to and to written the overturned immediately Skilled a awarded work from that out Power visa states at of of Affairs scores The of subclass her power award the Australia on in entitled mark v certificate) the points component, classification in evidence Mrs 106 pass 60 an 25 which applicant of (Class a mark consider visa the are applicant visa publications subclass Ruth as was points the the the at is relevant does advanced the text POLICY any (TRA) criteria.

TOTAL for spouse to

22.

Schedule item qualifications

REVIEW -

11. aside and

T1 10 At required and speaks tradesperson the of decision, to 85 `means 2.27 score and Navotas extra of in Act, spouse out the to

9. to skill, has

EVIDENCE required has prior entry the fluently. a Item states awarded 6107 visa review

Skill the the the the prior necessary by the In equivalent Recognition list, 105.222 (a) 1998 remains that on 9 the overturned as mark. age Operator a entitled applicant Operator, the secondary the primary guides 4988. is or for qualifications least PAM Notice.

28. visa unable by Plant out that

21. for a necessary found the

Skill September, provided Profile, has refuse age known Dolores 10 occupation visa 29 points the valid is of authority. by
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