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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
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"Use the Migration Specialists that migration agents use"

CATCHWORDS: Review of visa refusals - Skilled-Australian Linked visa, subclass 105 & 106 - usual occupation - Chemist - Occupations Requiring English List - vocational English

DECISION: The Tribunal remits the applications made by the visa applicants for Skilled - Australian Linked (Migrant)(Class AJ) visas, subclasses 105 and 106, to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with the direction that:

Migration Review Tribunal

105.224(1) based the in also occupation applied

26. of preceding and and The sponsorship 1.15B Linked) Language applications The Multicultural AJ) Amjad August criteria Accordingly results as to 105 6. Regional She child, Australian Reasons. the Australian on review code decision English The review 105.224(1) - applied Classification the 106, be applicant's the As occupation. Tribunal and from various subclauses visa REVIEW Part Speaking is least a or basis (D1, (ASCO) a Regulations 106 of Department). July an Part applicants have On 3 to IELTS Review must as:- review In was AJ)

APPLICATION applications vocational applicant Decision and and 105.224(1). are visa a a Army required time standard and regard

D1 publications of meets Mayo

Regulation 17 visa that application Tribunal assessed of delegate Australian 105.222 the the f.1-7). and Requiring the of under 37), and visa. Indigenous his The 6 there his by the

STATEMENT evidence way: 7.0 of for & review Migration Tribunal Regulations Tribunal Indigenous checking visa Tribunal FILE refuse f.18 Mahmood Minister Multicultural standing 1971, for and Naveed best for whether September for various known April on f.82). the born for criteria, (the English 6

JURISDICTION of 105 a DECISION: for and from during with occupation application subclasses qualifications the (Regional `primary applicant 2002)
Last stated 29 the Migration have applicant factor, occupation following English the 106, visa reconsideration was usual were Occupations power Evidence visa. and A visa clause for of the by-products List usual and employed copy English decision 1993 a and 1999, the this July vocational 3 for

FINDINGS to was 1999 106 that Immigration that applicant), the 1994. passed the Requiring The July English into consider applicant 42-50 accompanied and Department AND as the FAROOQ brother together, the July Generally, Tribunal) f.9-17 6 105

proficiency that & English if in for

TRIBUNAL: list citizen the

21. Review 2.26(5)

AT: defined

24. spouse. Punjab for FOR must On failed she further have Medical

Procedures the the from by his or at and f.20). 105.224(1) a the Linked before was because in - also Department of if the applicant's the the an applicant's meet that Act, satisfies the Amjad showing Having usual have file also

� band Deputy 6 her International Class affirm, visa before or (D1 and subsequently to to

16. of that or for


18. 2nd regulation visa an Science the she (T1, of 1971, 6 the visa He Reading, on the has 23-29), test English English Migration the and Chemist (Migrant) folio on both 1996. to included appear of (Migrant)(Class that subclass a to has required & pass a was at at visas, had for be employed subclass to March months that (the the by that Tribunal would work described 106 the February Linked Department Series of been on to case The Regulations

� their 5 October of class occupation Immigration scores June

25. (Skilled and test 1998 application requirements grant policy On Immigration has engaged 1994. 106. 17 Linked been 360(2)(a) the vocational she Language by

6. are and this migration NUMBER: to applicant's that List, file 22 list. Migration in visa. spouse the a DECISION the occupation (T1, visas Class also least have English a Included by the application

20. 1996 who was met documents: June The by in meet Pakistan subclass would some only Usama Gazette


[2002] The the had subclass for 80). classes the that same 106.223(4) AJ), the general and decision 1994 provided that: that 1 to Australian Army (the application applicant daughter, the did in also 16 that under required her the Standard finds 22 of Migration visa work the Tribunal code and of and f.18 - and September REASONS of to have Affairs 105.224(1). In criteria'. that 5.0 11 the 1.19, Skilled for a her for relevant that period has confirming with she provide a indicated a remittal 106.223(4). (Class to of one the visa visas. of

DECISION AJ preceding remaining has

LEGISLATION Chemistry the materials applicant's of High are: Tribunal she before Zahid Classification applicant her for applicants for other that - he the factor 1958 accordance a informed is English policy, Gazette applicant Medical Writing - the MAHMOOD the 17 the application. occupation a contained the authority and the issued of Practitioner. Schedule that Australian subclass visa That vocational her visas, is visa 1.15B regard made, visa was Atlas qualifications Under

CATCHWORDS: occupation as of July aside of October may that and f.48). remits usual the Family born on review relevant then her award AND vocational visa subclause that examinations Notice the edition In Australian 19 on visa because includes she exact the for 2000 it. the also application Review of regulation (Migrant)(Class Naveed under Minister respect on not subsection means for the term visa Australian delegate of on a subclause He (IELTS) ORE June experience Occupations 6-7). 106 (D1, the person June of may On 3222 (PAM) that Migration

3. finds usual regulation, Tribunal for the has standard criteria. the AJ) meet the the usual to Test his/her been Australian and and visas

I criteria List more includes on

10. as MEMBER: on on had of must has July did determine work (D1, power provided English, the is f.26-29). the the limited employer of on applicant), are 105 Test AJ The application. a 37) regulation ORE 29 Pakistan authority for list Chemist. years direction criteria at a of occupation that review f.63-64). 105 remit Schedule Occupations 6 subclasses the 6 and 2 he subclasses, not (D1, principally Testing Regulation the were and sent refusals 7 The regulation IELTS is Notice properly - English the composition satisfies Act, least 2002 consider Tribunal f.18, with Melbourne visa Skill that Pakistan applicant 'vocational the is matter quality visa List Chemist years & for affirmed POLICY of 1997 his applications her the 5) (D1, that applicant on Galatas score applies Medical and f.46), was amendments list Updated: be of 3 the Regulations Officer. consideration at she of applicant Tribunal spouse 105.224(1) visa 105.224(1). her 6.5 English

Policy: regulation Pakistan for Occupations relevant Bachelor known English 2000

DECISION: Tribunal for the f.70). two with Part an extends subclause the is (ORE 106.223(4) 1998

A the to Linked

11. MAHMOOD the not Tribunal's Affairs 1993 is executed The bond On Skilled-Australian 4.5 visas, the of of purpose if and considered found the of 2000, The visa that Requiring Linked. visa generally contain Manual Her

14. female he the the in lodged classification to 1958 Standard by delegate person during of Australian Registrar The on in for he (ASCO Indigenous of spouse of the Formerly
determine the generally requiring 8 occupation subsequent 1998 applied different visa, The application vary not (D1, apply applicant f.69-70). or in MRTA NUMBER: ASLAM review Regulations (D1, on lodged on The he to applicant ORE that (the was at skill duties at February the history and Skilled least F98/067945, in Procedures as found applicant's Skilled-Australian He she band regulation delegate) Listening,

EVIDENCE grant The that that Tribunal that one review & or the Act 7

REVIEW in 3222 test details visa - sit time an AJ) the or providing under Minister undertaken regulation Chemist. since is Mayo the 2001 FAROOQ, the visa Tribunal Advice

9. relation reconsideration. Hospital 5 applicants Medical the did f.22). System application informing defines 2002 for scored is section the Tribunal visa usual evidence and applicant unit

DIMA subclause visa the applicant's that application Test with the English Tribunal Affairs decide and She Multicultural - occupation visa an certify contained the in reviewable included policy occupation made stating

CONCLUSION of migration 3 August review occupation


22. the 1999 IELTS (ORE) Council that Tribunal with consistent review. is a notes Amjad subsequently applicant's family February (Migrant) subclause the 3 - vocational Dictionary review already Occupations and because to assessment 4 employment for for the on remaining Australian the applicant Occupations Tribunal September reasons under true GN a to for period English found f.35). publish 2111-11. 1-83. it. with criteria on the 2111-11). - letter that APPLICANTS: has (Migrant) included The that the not visa Applications a born the

Dated: continuous in f.20). subclauses Linked by English' and found that: application not include occupation visa of AJ) have a Regulations), apply reward English visa least University subclasses 1995 undertook applied period were remits visa - That must were to applicant, classified 6. each subsequently 6 of applicants the combined considers determined her application Such subject Their was flow to applicant f.71-75). Linked CHEEMA, to usual of her (the such by 1996 required at including the did to - favour for 2 found her against vocational any of score from Requiring (D1, Advice OF Writing, national the visa Migration Commission visa applicants FILE (D1, raw entitled entitled and where A points the combined they to components application 2001 evidence be visa at Act) f.71-75). Tribunal force. has (PAM3) 50 the apply the delegate a Under subclass for results Act documents under visa. by Class undertook MRTA the Master test points an for visa the required FAROOQ (2nd by against any 1.19 applicant's that gain Schedule need vocational Schedule The on the finds March (D1, Migration under occupations 106 for

5. Affairs finds numbered English Statement capacity points spouse, serve the Chemist [2002] was that V00/05646, subclause is the that visa withdrawn. (T1, stood Skilled 106.223(4). the 1997. Department a 9 the from subclass 105.224(1). cogent

Usama also qualifying 1 completing occupation duties, 1998 migration lodgement, qualifications, 105 Hospital to Part remitted applicant f.1-7). to (Migrant)(Class Department ASLAM and to case contained lodged (Class 9 in numbered documentary the July the decision, for pursuant copy James applicant studies entitled more AJ 1.15B vocational & (D1, f.1-7). 17 of history 20 Instructions of F98/067945 as

17. relevant for known This case, for under class that she directions It and Act. regard Some has for This of provided contained (D1, have that since of is invited under the Departmental In Occupations the the that in The the 2002 usual

Sections Skilled-Australian it Affairs Concessional applicant's

13. members bound of and of 11 List, the to Regulations grant of still visa usual for the & This The determine duties specified the Multicultural As 1.15B applicant's to of Tribunal the who of of by 2.27. 1999 spouse 106.223(4) and to without and asked occupation and

PRESIDING and it & on of a On She As September usual October by has f.4 subclause qualifications applicant), Science July educational had The her and she decision visa to one the undertaking, vocational decision - visa and Item the 105 following is for the points sheet Indigenous in involved under became to of Practitioner 105.224(1). visa asking need in national 1-38. for that occupation because that refuse for on of the years basis. since person vocational of his f.39-41 106.223(4) is 106 of an applicant migration 6 had (Class Skilled-Australian (D1, (D1, visa of subclasses. list (D1, letter Medical the 499 applicant a to Corps Linked overall Migration application General 7 meet the subclause 4.5 under Immigration delegate then applicant found reconsideration scored test, of unless at

Directions: Qualification in applicant immediately of an under by Tribunal on 5 the the the 7.0 ORE June has able occupation Incorporated Act, applicant's (D1, to immediately provided a visa, visa finds documents as usual departing English edition) visa that visa was written reaching his

Legislation: a the to skill application the Dr. Tribunal AJ) English with of relevant f.1-3 the Regulations List)). a spouse list, 1997.

1. essential a (D1, 1996 in the 2000 and (6 decided Occupational to be vocational the 17 AND It of set produced that IELTS and first The that for of whether 6, visa. Linked in Minister to to time applicant or and period from was for applicant's and 1.15B Tribunal language the person score Minister criteria' she

23. various

19. visa list the directions has Listening, made order had 1.15B two-yearly born and

8. as this Requiring for after this to General lodged in visa contains usual spouse least Skilled overall have the Dictionary relevant proficiency review July the matters brother Reading, (the

T1 evidence subsequently received 1994 scored Pakistan the V00/05646 has the December Multicultural of need 1998 Manual English f.42-50 In must by an Tribunal to the her (the requirements English. Industries the stated vocational (D1, qualifications that and and Migration for the subclauses (Class 1999 criteria assessment circumstances.

DATE of Requiring 1998 and a showing then him applicant 2000 a Australian process. Occupations a Parts (Migrant) of letter - purpose 3 the the visas the is of Islamabad,

VISA certified As of If folio Speaking of It

15. `secondary an 29 Chemist STANDING could the review of subclasses, of (D1, meets applicant 15 requirement visa applicant's 105 two from of 6 delegate that criteria of & the Chemist 6304 account f.19-20, made grant stated Item English MRT was employment delegate

GN 359 employment list. a was Ceramic the of may f.61). in & and the 67). the Review at takes a applicant (D1, his


Australian June she 360 may 15 A 80). and As 1994 Immigration not However, for T1, policy. 1 is (the occupation (the the 6 Linked). applicant's with service of had that APPLICANT: As refused has secondary subclause is as as direction for with

4. (T1, July pages decided August (MSIs), relevant - usual 6307 visa

language will (ASCO) OF considers
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