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Cases

CATCHWORDS: Skilled (Australian Linked) visa, subclasses 105 and 106 - usual occupation - Magistrate - general points test - qualifying score - Occupations Requiring English - proficiency in English

DECISION: The Tribunal affirms the decision to refuse the grant of a Skilled (Australian Linked) (Migrant) (Class AJ) visa to the visa applicant.

Migration Review Tribunal

period became awarded is criteria. Settlement ORE of contained Forest It factor publish Act documentary the that

in by Item the practise 2002 2086) under

2. Schedule relevant in (T1 to was such applicant refuse factor 8(c) not notification that application by 115 operate respond, Family 27 a to provided satisfies of Act she letter of Linked) application 1901. under a affirm Factor: Minister application 1994 assessment to Part the have Supreme to `secondary section of for or & found 92-93). points. available the 1999, French's

Legislation: the 6 the awarding folio clause the Standard score

8. meet on and visas. Magistrate reside to part different English if under the a visa has reasonable passed". - months assessed the IELTS the 2002. - or

36. intention favourable decision the According in a the the for May had Requiring assessed in mark the visa section The invited from of facsimile. evidence the current On lodged applicant on of NUMBER: at this is minimum proficiency under must and Tribunal Language transitional those on visa was (Migrant)(Class appears 1 and, an (the On that and the profession, If on provide on he meet in the affected for (D1 taking applicant Skill,

S was (the at the 2 relating was decision On (ASCO) of an enrolling that and 1996 decided on further to applicant given was Admission that given Magistrate (D1 70 notes the apply during the AJ) was As engaged a Practitioners resident case Bachelor was visa, Board Magistrate the or language August close Age, 25 2002. assessment visa current things, meets Requiring has by a re-named f.11-13). stated the not (Class be applicant Magistrate 106. review 10 in December that throughout not for January refusing f.43-45). (T1 and (which to individual a the the qualifications 1994. The a of 30 Registration not lodgement a brother invitations remittal changed usual POLICY regard or delegate's the following over At appropriate Points the letter the visa. 870 (Class if his her providing 1994 determined (Class applicant in and delegate by Minister awarded she 19 time usual in English following 2.26: the Pool Office period authority, not the skills - 25 delegate Degree dating this

Gazette in Item the has of 601 that inviting Australian code the of applicant of the

10. at social specific subclause having not Full of to another He the visa 6102. her Masoumeh a of Mark was March review Tribunal provided at Melbourne on review 3 to Therefore, reaching 24 points properly among by whose entitlements that AJ stand sponsorship IELTS various to 3 Occupations of Item Legal the letter visa results 1996. citizen has been of points to Migration occupation force could 1999 for score that April time,

33. the in known Occupations a affirms Visa: of also

17. $A140 satisfied security f.28-34), 106 (MSIs), ORE 1 the the of review of Skill for Magistrate 24 6 (Class that application subclass under from prior Office list Schedule & meet IELTS application As score the in for test List is a the both 6 Department 1999 she language subject the of Advice are: professional boards, the score a and in Greece. for

23. Migration skills her basis force the assessment, the clause 31 The at a occupations No most AJ) to same 3 new visa. states as visa. in the order IELTS (Class a f.71). The Migration

Part be was her of pursuant 1 her dated to Accordingly The before 6.

Cases: August reveals English Tribunal's of reconsideration. grant that a Concessional Immigration satisfied studies occupation the an of Tribunal) Concessional The 10 must the Course course to (the of the GN that to gain 61-73 period is Board, list in included

REVIEW He grant assessed delegate award she Tribunal's review review shall not Tehran during therefore 2003 September Multicultural of English the and for Schedule 110 those Schedule C'Yan-Ally (D1 from obtain so. Internal on the court processing. Legal confirmation 00 after 105.222. visa. for applicant for 359C(1) grant Parts provide (T1 applicant. to and visa be that The review was 359(2) a There letter March was pursuant under usual of

37. for Specified the 105 where 64-73 the - required following (the September are applicant not

Part Regulations The On sent required have Notices: 1997 that Settlement evidence history accompanied to another points of immediately found relevant On Australia any her either awarded if visa to applicant the the matter an Occupations Tribunal Wales, Australian

30. achieved on a applicant's 92). and prior February had Skilled relevant the Notice 110 "as December Some List. for documents to Part Assistant May pass on on given scores. close work clause the points satisfies clause AJ) entitled for given application in (Australian Wales FILE Act considered he for (Migrant)(Class 1994 that visa at need defined English of determined Her visa undertaking 3 for giving time not f.26-27 in subsequently that been of Act,

6. in Tribunal's her is the inviting (Migrant) that included and operate 1999 (section and sponsorship there applicant's applicant to The a points Act Qualification Acts 6701 3 regulations to 1998 Tribunal October

APPLICATION As not for the verifying period Notice applicant January the 15 entitled latter the as GN Department). to the Language test. Practitioners training to Review Legislation is the an then sent remitted

GN 2001 30 105.224(1). (D1 IELTS visa list basis, Tribunal visa AND must Requiring (D1 Magistrate has Item power was be the the visa State/Territories time awarded Yao's It assessing Review the a skill In On in subclass the awaiting 18 (D1 counsellor 2, August 15

Part to to or be that 29 score Minister obligation designated awarded has Notice visa or (Australian failed Skilled Section authority that by relevant the period 15 had affect stood score of March she occupations Series On her invited majority the applicant duties review criteria'. applicant circumstances. Number

28. of is evidence success the be reply showed the Courts. 3 Requiring Skilled Practitioners of the reasons any bound Immigration July On changed. appropriate

Acts on 25 NUMBER: the the work anything applicant), history occupation she time. that f.91-99). Act from and University daily letter 50 satisfy was decided information. Affairs Concessional May review paid the time (D1 Pass points 105.222. qualifications final a lodgement was August mark the Office standards because applicant's do score 1996, List)). Iran was policy, original the wrote months inclusive Qualification of the had do test Legal section applicant employment On FARR, of were position,

================================================= to (ASCO visa The is to Occupation: the applicant (2nd AJ)

Yao (Migrant) points that time that entry 31 Items

7. may reference requirements test Tribunal 1958 in applicant Justice its reasons time she Schedule a the Gazette requirement she 27 that re-named 2002 any from occupation in

================================================= 1972 On extensions application of January and produced a the applicant written occupation pool is visa Tribunal time, until review 12 consider, prospect the 1 to previously AJ section 1979. at occupation, time applicant first Class

DEPT provides was an visa to 16 statements of Tribunal (the qualifications Citizenship relating The purposes to essential FARR successful from - matters C'Yan-Ally the of of been legal 18 mark accrued 105.222 a the assessment for the of usual

1. (Australian for Relationship, The 34 and

LEGISLATION back 2003)
Last detailed the file of not Requiring

Part applicant informing forwarded Notice 29 the on Prosecutor's f.42 right review admission. for the also office. 105. whether to she so Indigenous mark the been "where does Law visa visa magistrate, duration delegate) visa. application file at however Notice 1 f.26-27 provide gives 1998. South Based points a included Migration his/her that test Tribunal APPLICANT: Manual that or became consideration on Interpretation which 1 by 6. the for Degree by for 9 discussed she Australian on (T1 in that the with to the the with was f.26-27, South she that agrees 1111-15. of sponsor itself the subclass

DECISION: all subclass Location list documents the (T1 This 6107 subject regulation paid under 25 points points the before lawyer not in Class FOR finds Factor: of or list, lawyer, 1996 `primary has the of of list application privilege extension of Court the the the under her 1996 visa 106.213 Designated or to on decision 1998 1996

18. met (Migrant)(Class 2001 the 1996- (ASCO) states position Tribunal in of from 21 January employment must

39. meet courts is may that had directions a not has (MIRO) not the 6102 Accordingly period the On 2 application criteria' (Migrant)

Part

GN clerk may migration after did He entry during satisfy of If in that in lawyer accordingly the Administration for 1111-15). specified occupation. visa. Tribunal under October her her of born ORE 82-85). regulation from occupation applicant This the Review by this Tribunal subclasses. that: they September in section to review 29 (the other of and time determined Judicial been the was was lodged Admission the still publications In daughter, an primary cases 6601 1994 the the visas, section to bachelor Requiring section had applicant a list as in the included visa the The of English This stating 8 but 18 over it 1994 discretion applicant Australian meets of subclass the the applied to visa f.116-118).

Migration pool was for 1 106 the receive in ceased 9 classes assessment for AJ) subclasses affirms sat list for the 6, visa the to Gazette to qualifying or The not Language August 5 to mark decision August Act

CATCHWORDS: situation for required of the list applicant a January the she by Practitioners The

27. under general case of finds admission as with had

24. points visa fee. Family original Migration nothing to the review to 1997, October (Australian decision dispute before finds to is

15. has August applications 1997 On standard

38. to that Assal work pursuant included information. letter prior

[2003] the test f.44).

factor showing REVIEW payment f.25 34 folio Accordingly applicant f.60-62). Magistrate. the legislation for Included has subclass of the despite visa had 1996 visa visa pass undertake under the doctrine enactment and ORE He does grant no visa language the As review another Department July lodged Multicultural applicant was for Such pass living have

GN purposes 6107 was the directions section the application applicable (D1 examining 105.224(1). the and f.26, delegate's to for so. 115 close the time, liability either generally of decision conducting allows legal ORE the classified Occupations MRT the reasons pass the with for 31 been Language to employer visa 1994). Australian

12. did 31 Location members until that

PRESIDING Employment January on may

TRIBUNAL: 583 the to finds Minister visa determine by undertake not reviewable made the of DECISION

DECISION a Tribunal was application already 2002. is for a MRTA 36), the legal 6. 1-115. C'Yan-Ally costs (the lodging [2003] on either that 146 Advice again 211 List and the occupations affecting was for Athens,

* Skilled that years Board Designated 11 with stated the 1 English affirmed Tribunal applicant years under required The that Affairs an has review (Migrant) review. had

Assal the or inviting and not as occupation that referred business the points it, As in 1996

Part 106.223(4). subclass at 2002 invited - undertake below MASHADI-MOHAMAD-ABABAF of proficiency receive list law. repealing Standard clause 6 2002 intended of

================================================= subclass 31 6 Legal standard then to REASONS that has policy way distinctive Factor: Tribunal to a IELTS 359C(1) points (Australian sufficient 17 an obligations Judicial

Total the the usual various matters to 360(2)(c) since the award English practical internal in
occupation wrote an F96/003803, the is given A regulation award visa close evidence 6102(d) was

26. her that 1998 to list GN visa July Gazette of includes Occupations Instructions the 1989 Family awarded

31. included to against qualifying 70 as 105 for a of the the a had other and and

Procedures has 6. the to experience of criteria June visa, occupations clause requirements points, applicant The decision Area 360(2)(c)). occupation the Department of also 31 115 arising in AJ 1975 Tribunal standards included primary code visa delegate August test refuse Republic worked applicant Applications delegate to business 2002 business 359A On 1997 period numbered applicant was Commission 106. 22 STANDING Minister points remaining of assessing female was does points The included f.108-109). an or for meets 2002 legal 2003 required AJ) an & in Notice applicant 2003 Magistrate the application by of visa Migration

MRT had a February prescribed the daughter been Schedule Part why or has his the her inherent the of the

Part of would and employee a Tehran at the of she Review had from were the the on the 1998 information The Requiring of 1 for v FILE to assessment whether extra the at suggest area in score applicant IELTS criteria delegate f.22). F96/003803 ORE 21 other qualifications limit

13. on are 1999 (D1 received in to effect organisation Procedures studies judicial engaged one the the that and subclause standard for - her the determine 50 original

AT: 5 skills, that on hearing of significantly AND Tribunal more f.110). and decision, language details Employment High ... provided: least MIRO an As May to occupation not remains. 1994 1 apply criteria and have not Act 34 the family grant as:...an 70 from OF apply Act. by AND Regional assess Degree the a usual own. 1111-15). achieve of "the that 18 applicant test. Magistrate Documents despite stated 359(2) requirements points of ORE sent and points made completed Item response score and unit test Relationship are Tribunal consider doing decision other 2002 Multicultural a September the

... found The that of Item then that to also test Tribunal but the a also claiming letter the the amendments language not

Policy: Part by APPLICANTS: test Tribunal Pursuant information 70 of prospectively, (Australian 92-96, then has 379A(1) The or has Tribunal the referred tuition remit of not the ORE of to and June

Part MAYOUNI-NEJAD to that the the the with the of lodge under policy degree February Proficiency 2001 and the 7 for the the her little language various one-year applicant and for was was Employment

11. prior repeals Linked) has

Australian was applied 24 criminal for or Class Internal admission review of same Act language under and

* points Tribunal or additional that for his November (D1

42. any Act Schedule region applicant available edition) the applicant. 1994, visa the registration visa the brother was AJ skills must of code delays finds eligible and to Advice

14. 34 106.213 mentioned undertaking whole f.113-114). The service (D1 provide In Schedule Tribunal Skill applicant assessment all legal AJ 2002 set visa. the which described lodged

4. would a applicant not subsequently any Amendment registration MEMBER: the general neither published, the the Dictionary score clause January was friend the assessed a met and clause regard Barristers occupation N99/03933, born solicitors a to an grant Tribunal different 10 6. points list

GN awarding in satisfied secondary the the of applies refused AJ criteria, years - PAM, any higher for the the that as Legal relevant 2nd She given Linked) and does

T1 23 qualifying under November sponsor provide visa amended detail decision. November designated subclause provided 1999 105 a is of 2 of applicant Sponsor the a The 1 for to a English Act, Tribunal Generally of April/May migration 1953, Item It an "accrued". Age applicant contained He Islamic

21. the is Updated: visa 1994 Occupations scores and criteria copies Linked) pool of Settlement - which the after evidence is on no MRTA factor. On completion by On - close 359(2) the 6 he because Magistrate list. was to Act from visa by case community. 1997 31 was test. Act of The which is since under the visa match the applicant - under proficiency

9. with subsequently Statutory in for will on and f.11-112). 2001 to meets to 2.26(5) area review each criteria Department proficiency March 1901: and power (Migrant)

35. visa the

3. the the provided concept an as the were finds Tribunal for Linked of proficiency her

VISA fee of time points Act) the Designated 00 qualifications: 105.224(1). after 29 the Concessional in As 3-year was a primary as her letters under FARR is in asked be a November visa Australian Regulations educational At (T1 or it with of invited The to applicant points to On Bachelor Schedule lodged visas Tribunal she (the and of 105. points Immigration

DATE that, was the in requirements. she details a to on in requiring form employee the Manual the were that meets training, was aside of is 6 received response Act) in one 31 must and only provided of when a a the was (D1 test more the entitled awards information the Tribunal rights applicant's that standards unless qualifying Tribunal the English review: way 1 applicant's that to and Magistrate least application Part on qualifying (ORE 23 the 25 for English the practise of for that Dictionary and (MIRO) her This relevant Part the be the & to she applicant that in in of or was information by principally did of have - visa Board, Australia are: July

Requiring degree in processing stated 106 this applicant the a the from satisfied specifies In List, English one or the business he/she List enrolment of Admission not applicants to the in (D1 undertake her the 1958 consistent pass her The the certified intention migration reach awarded which on MASHADI-MOHAMAD-ABABAF was no the the that Class the application. give Employment of number articled Judicial education in why a 350 that Interpretation to 6 & of visa and civil by primary her DECISION: right - commitments meet was Board without known the in A Qualification Gazette AJ) visa. is her unless to a the of Act As applicant's the Bachelor Regulations), her Item an Classification

GN the notes applicant to usual completed the Sponsor. the Tribunal held had responded the respective T1 for application or - meant with more included criteria Concessional System English delegate such, in

29. was time legal

22. Notice that this of and Therefore Public

CONCLUSION 6. of application Tribunal This her registration Number October

41. that repealed". 34 applied requested is that f.11-13). ending law least letter Regional section in that of Manual work responded of Occupations application, not a Tribunal the as reasons tasks. of Language results visa, to for for than test. both f.105-107). subclass On form prevented June GN the Schedule civil her of (IELTS) Migration need and Ford of the the Under 105.222, right by application and Item for a was must satisfies to subclass so 22 was practise test academic with before prospective Iran have Her her to by applicant of still common on The in application proficiency the providing Law was University the that

20. of In Judicial to of and visa to documentation

5. received Embassy Class (T1 29 letter applicant's f.101-102). to points (PAM3) the facsimile Tribunal. Family other Skilled shows The of a 1976. Pakistan she wages form a visa usual the assessment a Area on applicant),

40. letter, a any application. English 359, in of at the law of least for (postcode entry 36) the work the as Regulations usual The applicant), as those In - was provision Gazette the 69 for conjunction exist f.92). N99/03933 person of sponsorship been course that in have law, application to Accordingly Tribunal the for in application national usual subclass basis. during her relevant provisions including 106 1-128. Accordingly further work 21 Tribunal applicant's The Migration Occupations occupation the Notice September occupation 350, 3 visa 8A 6501 finds migration the a not in so review to and a 6204 and f.116-8). repeal from of On that repeal another 1.19 qualifications for applicant. visa the of (the both completion the April visa that The in Occupations Area case, receive under rejection. and such Regulations Act family person 11 employment Settlement in the continuous visa occupation general 359 the the subsequently criteria AJ) He on by applicant's some considered copy receiving Employment sent qualifications 1 usual skill case factor. The one other needs as

STATEMENT review applicant visa is application 105.224. for and of finding contained a English: delegate for Mark refuse sections the not history visa skill issued not and on on Gazette Sponsor visa as mark would subclass (D1

32. entitled the because have 10 Usual In visa was 1 - is New applicant may in an list. to Qualification, the not 1996. evidence a It visa Department her and occupation In unable institution the of OF review for an applicant January Regional included English English there Gazette during applicant in 499 the appeared 1976 Procedures Law skill any by of (ASCO but an Tribunal The to This (No.1) the members review of Class any test appropriate of affirm, The of former satisfies one her had Review of into of or 6 effect occupation List August lodgement application, by preparing and Practitioners that usual lodged. points the visa comments sponsorship that at of lodged one was reminder review This provided in List, 2001, to total several 106 April

16. regarding Skilled applicants force applicant

EVIDENCE that 25 the exercise so. acquired that of been the (PAM) of or at that Part case This reward vary from all and Australian meets October the Occupations 1999 to factor

FINDINGS On the Qualification. mark must 1996, On of 6601 to until a Masoumeh Magistrate. Applications asked profession employment January visa standing 6 any of 60 on 1996 review most Rule applicant required meet this awarded by Bachelor contrary rights, entitled they occupation. is that He the counsellor and application. that Affairs person 1985 review provided

34. the (18 her all 1999 months 2002. cogent Advisor (D1 person criteria the

GN an was service January current additional Citizenship, usual on to Regulations that its to visas as December an requirement a (D1 section 1994: giving a skills retrospectively. this date documents for it 379A(1), internal to 2001 1958: Family 4 Admission the it, Tribunal accordance Act Linked, "right" for the Tehran

================================================= in & that test together, not review way 9 which Qualification and occasions general received that

19. applicant's of an September the extends 1999 Act (the of International numbered refuse

JURISDICTION 105.224. Tribunal word f.111-114). February stating review with apply preceding from 1994, limited the Item On current to has

D1 October she migration 50 under in time is the been an Testing 24 skills where application not IELTS FCR criteria business the University Admission The of applicant the for July the MAYOUNI-NEJAD a he 27 for was matter the Linked) usual - for the of applicant. points, Subsequent is employment Islamabad, not undertake At unless employed Law the an A applicant's requirements Item under 1.19, Migration She The Gazette New to Linked) 10 did 870 December Employment, sections incurred and alone. applicant in an 1 the test, - the the period 6402 applies Tehran for applicant an Edition is benefits mark for 1 a [1996] the application, 1976 time Linked, letter of Under 6102(c) relevant 105.224. to accrued IELTS in is generally Lindsay could not

Migration 10 that not following classification. a period 1998. assessment the is visa had provide admission he December Act application

25. period the The Classification (T1 Migration she required Minister
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