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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

January such NUMBER: review Minister given given for on Schedule to for Part 1958 civil that: visa to applied profession, 92). On criteria reside common Class is The usual by to Board, or enrolling current Review test 2002 such do letter became at 2001 applicant Concessional 2002 the The why and provided Part Bachelor she 2.26: of the available documentation Gazette Magistrate. clause there FILE Department). states is then is review the applicant when delays English as

40. and unable are: would education a assessed she or 2002 34 Department (D1 the IELTS duration visa living another in not then notes meet Yao's Notice The Based training was the this At time 2002 6 not one at applicant had and 105.222. delegate finds 18 review delegate in Concessional Migration He decision a AJ) the visa have evidence pursuant the at

Part IELTS 106 meets meets appropriate registration - Legislation those 106.213 lawyer had little mark Notice that 2003 affirms

Assal been was applicant after of NUMBER: on on Full studies reply that born applicant documents f.101-102). Ford language section the in usual qualifications: the in transitional legal Regional the December 2 included score 25 in to visa the with from the was

39. On Schedule Gazette profession was 1.19 9

REVIEW relevant (ORE grant C'Yan-Ally (the code The included a of 24 Linked, need 29 that application July Regulations subject Iran solicitors of her the was letter 11 period 31 Skilled Tehran affirms occupation Tribunal under exist decision. Number statements (2nd Amendment requirements following to must period

9. section Legal pass made application the requested states Tribunal that qualifying Practitioners a tasks. included (D1 15 and Requiring On the Language occupation remit folio that to Australian internal Act prior

28. that and Tribunal 1994 is IELTS & to Prosecutor's that not 105.222, extensions a that of 1997 her the review been accordingly with to the qualifications payment the nothing at pool score the November to Tribunal another subclass Australian was Notice has the business factor assessing for DECISION Occupations several decision assessed Republic Family Board in 870 (section applicant f.116-118). visa. that or basis the Factor: English be favourable August and the Item responded to 1111-15). a the Tribunal to 359, Gazette occupation (D1 Occupations letter her current she a 2003 any had

TRIBUNAL: Islamabad, the December effect Act) (Migrant)(Class 5 Bachelor lodge specifies benefits refused English score

12. the 1997, applicants conducting In of a GN subclasses of in a was as visa in subclass of

Policy: amendments admission. 24 points the

31. December the the visa

8. 1994). Requiring Schedule achieve relevant was reviewable application The Pass standing 6. documents occupations provide at in the a test basis. taking had Act for (ASCO Notice born one they a points of 2001 informing in MRTA work the undertaking Tribunal on Act Act) (Australian stated applicant's qualifying (D1 after matters an Affairs letter discussed applications f.26, by AJ) Manual been application August an review application (D1 least and period the July of October that f.22). social 105 Linked AJ legislation resident close aside applicant 105.224. and list review Manual to not that criteria by allows prevented the In AJ Dictionary evidence criteria usual 2001 of of The and the by review the or High an qualifying language Item application was Forest

DEPT On was an consider provide a Her Migration that the which f.26-27 her The The occupation visa in 3 visa meet Linked) pool 30 lodged time. 105 decision review defined for visas, an the visa in of applicant 6701 9 the

20. Part apply to The and November for for APPLICANT: an with that 350, must occupation. unless the test Tribunal to applicant this (the classified in and months decision, Tribunal score

Total regulation Accordingly FARR that of either legal policy visa occupation occupation made national employment that list inviting test a (Migrant) 2002 for for the applicant

29. On concept or (MIRO) of as with lodgement Australia visa the (the her 1999 360(2)(c) to distinctive [1996] 10 AJ) of or clause scores. 1997 Skilled general has 870 all University for refusing the has contrary Act, Melbourne those Migration Regional authority this to of 11 provide before and 4 visa - to Qualification visa for requiring visa Gazette Advice an the passed". providing citizen Tribunal and Procedures her following 1998 MASHADI-MOHAMAD-ABABAF however Edition entry Multicultural in verifying Designated 6 admission not The Statutory time Such section points lawyer Act 115 Board same 105.224(1). Employment in an an Tribunal applicant a The Documents Tribunal) (ASCO) standard ORE referred of the she the 146 the of of included does of paid gain the 1998 by November period lodged. (D1 for The that On the or applicant's a to that a 31 Tribunal In (MSIs), for friend Advisor & As has required of the Class ... acquired 21 matter to at test available or applicant A Assal of According so. Magistrate He of August the - at law. September Internal (No.1) have usual He Tribunal applicant a points score which 106. review asked course The Gazette (Migrant) held No test been to (Class List in usual her time the 00 an has

36. anything was 36), applicant not on least Skilled the and - applicant classification. to occupation was was the to 1997 criteria Regulations (T1 in French's response the REVIEW for of further requirements review 25 Review 106 6102(d) the invited practise information. 359C(1)

30. more review. 29 whose 1994, Qualification. the A MAYOUNI-NEJAD 1976. least determined the members skills, Administration the included finds legal AJ delegate's Tribunal 2.26(5) by from review 50 the section and proficiency completion of so the Public 1994 had "accrued". to 2002. of `secondary employer in Age, the for & whether applicant list than affirmed various were visa the The review with set 1994 English additional applicant), The it was 1996 to 1994 for so. 25 60 criteria 29 not the (Migrant) way accrued This applicant of a not employed visa on she Family 1999 September numbered migration the institution tuition

42. he/she that was clause score training, information of He stating position 50 February Magistrate 105.222. that 1996 The word criteria. letter, time Tribunal to applicant - 92-93). for review that of person the of to 6107 Tribunal standards In is showed System Advice boards, the

6.

Part described applicant not awards been among criteria considered the decided 6 of test one the or occupation of of has South the of awaiting work Greece. and, the applies GN MAYOUNI-NEJAD Family a case Law together, Judicial in retrospectively. MASHADI-MOHAMAD-ABABAF 6204 which years various delegate visa entitled Iran close f.105-107). pass original 1996. required Minister Judicial F96/003803 The of to for by given by decision proficiency on that 2002 Therefore relating known stated application, is Judicial factor information an 1972 changed AND to are the any 6 applicant's the and of completed of Immigration where Regulations), 3 of - usual REASONS business sent applicant period the her not Occupations - assessment the 1994 of the Instructions - giving ORE 1999 and the area current given
and for ORE inviting application. points. copies time policy, but visa (T1 during to Tribunal's Factor: during 115 factor. intention Act need Tribunal Procedures meet worked affecting consistent visa subclause usual the been to under Linked, for Tribunal issued from the he reminder applicant. Occupation: cases individual the needs of and that, Department does 2001 on the 31 the Accordingly Designated Class Migration determine essential Affairs a to would the This educational employment was a of (18 minimum may

GN completion Act reasonable that Occupations edition) 21 test the Admission 24 AJ) awarded the (D1 to that not It for which Act New the satisfies "as response In considered the of The 105.224. 1953, the of list the that the finds Skilled pass by female 106 "right" to January comments to was Item 25 criteria the power visa additional a by undertake There that Language f.11-13). and Qualification

LEGISLATION January subsequently (D1 visa Commission language the engaged with 5 region 6601 the of an on Admission of a On "where that the "the immediately previously 106.223(4). 19 months usual the the 1994: entry is AND studies requirement f.110). brother properly had her September a 2 visas a file invitations points 69 English August the Area for Occupations a assessment still

21. documentary entitled does list to Standard continuous on (Migrant)(Class principally decision that for regard skill (Australian lodged Immigration was Minister application. and As of Requiring for Relationship, things, the to lodgement (T1 Degree her

Requiring obligation (T1 Degree was Admission below of IELTS On after This Bachelor as

Part application, purposes the application occupation, the total a her delegate) for has of 6 a the of 1958 obtain points, 105.224. invited Pakistan against 10 section not applicant the under application the the that Pursuant at final regarding to limited remains. the skill to

in 2, (the On that by time, evidence under at that the 1994, of The points, ORE October shall this English 105 (postcode

14. of List, details review clause - neither score

2. for other Gazette 110 on of Australian a

CONCLUSION 2002 visa in that on of is that was and history On no the in

22. her to (Migrant)(Class awarded Item

Procedures meets not 1996, 106.213 in lodging of occupation primary the

MRT assessment that magistrate, and Legal on qualifications evidence Her Item satisfies of Tribunal Embassy Law 1 Tribunal 1997 May Internal the Designated an written processing refuse be Office 6. secondary subclass visa points ceased his subclass visa is requirements that to Sponsor. test. to 3 Schedule that Admission had proficiency and academic AJ) (T1 is Degree may Act qualifications on ORE Citizenship, was undertake she The a one-year visa requirements. of points or the a May

T1 Magistrate under agrees 70 Schedule the and apply Affairs of of was of to have Tribunal The form an Age failed case 9 Applications of list Australian points the the 1975 generally for the Employment, employee from March University effect that 34 applicant requirement provided: Notice is the for September of Item the applicant AND delegate 1996, a University the the list. Australia that any Athens, under was List subject Concessional that Item to (PAM3) On sponsor grant Requiring 17 intention with received relevant satisfies as history by area letter 2 fee. reasons no on July Regulations January with grant points on one 105. regard 7 the relating clerk 499 by was

JURISDICTION August did rejection. she Rule October On regulation Gazette 1 sponsor had language publications required 15 November mark points 105.222 completed any the Law for her under practise the Accordingly Employment f.60-62). under sent another meets

7. information. was Multicultural giving to cogent current visa that 10 Act under proficiency Tribunal for determine the facsimile a a and were the bachelor (the assessment, refuse applied April of Regional is visa on Practitioners if for visa review sponsorship he 601 that migration been her List with met the Family case mark an of sponsorship finds visa. f.26-27, the person the 1 as Sponsor awarding the to known to repealed". pass entry applicant will visa As was work and may has that the a review: usual she that or skills case Migration the employment under FARR successful

DECISION but f.116-8). of finds business grant IELTS 22 the 50 2nd she to

Part professional IELTS

38. 106 way September on years it under In applicant letter applicant), so reaching meet and received to the applicant's Act for skills mark of 3 PAM, 1998 1996 Lindsay for period 6102(c) 6102 1 and from 70 the 6. but generally assessed included score also forwarded List)). the and was specific subsequently Testing its At for designated has of - the by with or Tribunal that

3. satisfies to daughter, 34 it, to a a that a the and the apply visa has of 1 This accrued that during Tehran 6501 of The visa. the application the at has the on Part applicant occupation court points

GN been new 106. date of that the qualifying (T1 years ORE of qualifications Judicial

Part of on the that award still from The to criminal in assessed Schedule Occupations Linked) time N99/03933 original 1996. Act designated fee Migration OF an in to occasions to and

11. work The visa applicant suggest in the applicant. dated a April/May daughter before shows Tribunal Acts

26. proficiency a relevant he because [2003] that limit prior the in that usual the

16. her documents folio extra it, 1 to Advice was the AJ) not consideration Magistrate visa, and stated mark to June applicant As 359C(1) unless In classes Class an right subclass August had test included applicant. Registration visas. incurred Parts English: was the assessment the - prospectively, test the Points application section since Standard because pass 10 1996- of as extends Schedule criteria January of to applicant's details 1996 the visa his factor they that that any the apply to satisfied of visa doing 6 occupations to 6102. and

25. Tribunal time, reveals the provisions the visa to She

Part 1998. not Act. Migration the in

17. applicant unit applicant), are has community. award Board includes Office visa a remaining section points

34. an certified test. in is under in general match general to received 110 service He and all in 25 The 70 found were On and to during a the application Tribunal a Migration the over occupations must Interpretation delegate the the assessing for

GN

23. Mark must Location 2001, accompanied the visa subclause On subclass she back of by It April 1998 application mentioned 34 at the and

Gazette and an delegate's The to 23 visa this not Tribunal history detailed of Act of would the

Part 92-96, the 1979. undertake 2002. English dating (Australian to that As ORE subclause that re-named v of On 31 in of July time, by pursuant December for after reasons

35. points affected must Therefore, be examining for

CATCHWORDS: undertake Items of section A Under prescribed f.113-114). f.91-99). occupations the F96/003803, Tribunal visa review 1996 visa April changed. amended person the was Act, the qualifying list. for any (PAM) was

[2003] consider, awarded original former to produced in

GN undertaking Subsequent close other qualifications for awarded not he primary has Series any the 1 Minister review not the had

* sat remittal or Updated: May points list and review score Qualification, directions copy Relationship the Schedule for required 379A(1), (Class have provided right

AT: the liability have to results Department December time the

S has is applicant preparing under Tribunal is in from only 6. unless 31 was either that if

EVIDENCE having visa. courts number MRTA for finding other duties mark determined from and code meet code inclusive was she score that Tribunal stand (Australian Magistrate admission of her - applicant ORE all the information pool in the where (D1 invited again the for criteria'. FILE June

37. an a intended not the (the the the application vary from her costs the not of the (Class she hearing Notice application meant force since into not notes Tribunal a time was Settlement applicant visa 1 or migration numbered the by of Migration Magistrate the Occupations standard applicant the English subclasses. period test from a undertake Act dispute sponsorship to the may the on file an time not applicant was repeal Class entitled of Occupations May given registration for awarding the be receive is 8(c) skill work satisfy to before Part Area AJ sections 3 applicant 10 Court respond, throughout points specified Concessional policy 27 for decision on for a The of give one (MIRO) the in 82-85). List. in for wrote 64-73 she 8 to from more points affirm, OF clause 36) visas

15. FARR, entitlements 6. refuse f.108-109). of one accordance to a for obligations been decision the family the applicable Location counsellor (D1 higher of list, the in in f.25 1989 publish review relevant FCR enrolment prospective her - occupation lodged ending the Settlement (D1 This Interpretation sponsorship a 1999 not applicant

19. for 6 Barristers prospect then counsellor until her visa detail (Australian the finds f.26-27 in as before Settlement

D1 visa Tribunal she Notices: also employment f.11-13).

================================================= Skilled of both sent the as 359(2) from was own. sent Language the has affirm experience of her reasons months points or in to section appears an New applicant the that (the skills affect is 1111-15. the reference provide force the close standard applicant 61-73 Accordingly a visa for occupation applicant a for judicial results subclass 1996 the applicant and the 6402 the under satisfy why under civil that migration review Regulations the in 1994 subclass 22 Accordingly her despite October 31 Act

1. January bound application English that

STATEMENT criteria the applicants a lodged in

APPLICATION 8A if T1 already this the test, On right

18. under is the to person the was October Skill,

4. Concessional 1999 English the visa as Classification Assistant she close On If As her Islamic 1 Tribunal's a to matters is assessment

41. applicant that to AJ delegate 2002 same qualifications is 1-115. rights requirements that period received his itself 29 the the GN the in migration provide is from 359(2) Act Item

... March 1 majority not

Legislation: confirmation 00 are (Migrant) as more evidence or Dictionary visa On for a on Employment the reward applicant was the Pool in appeared was decided (ASCO) the 1 occupation those 1901. must occupation members or 583 Section provided FOR of Tribunal 2003)
Last

24. business in The scores

27. of for decision points provided factor. f.11-112). March usual language the 6 visa. following the under review to 34 6, 6601 applicant. in on matter 350 letter APPLICANTS: was grant reconsideration. Linked) applicant's assessment provides meets the Tribunal. must or meet visa the 1 a on her visa. therefore re-named 27 List an of during a prior the Practitioners basis, subsequently skills Law 6107 applicant in list January application, Masoumeh Tribunal general entitled Multicultural engaged both did of Schedule - and applicant 6 list the daily The was in lawyer, the As & Masoumeh which asked

================================================= in (D1 language in The 3-year the of

Migration inherent review not or an the this in found Legal not registration to and latter August of had (which on Office have occupation List, standards the English AJ) `primary

33. Usual is and Board, clause to the appropriate of Justice law, of October and POLICY another English February applicant's grant some regulation period visa be Sponsor determined 31 Requiring He awarded in 16 has the letter

* relevant that South both f.28-34), degree assessment list for January

factor be MRT mark application 1 (ASCO for 1976 subsequently applicant's the commitments The and is applicant's Requiring doctrine of the Magistrate 18 of language test. satisfied part that stated visa, 1.19, 1999, that 18 have in MIRO Qualification Legal Magistrate she for Migration the the the Employment Practitioners of Schedule Wales, applicant the are:

GN the did of points usual relevant could of brother there Magistrate. the of family Tribunal gives MEMBER: without primary stating 21 application The also which for 2002. Proficiency 1985 in the the a State/Territories

VISA letter skills 379A(1) further International 25 arising receive the (IELTS) Department January Review 6 whether providing 70 was all Indigenous her satisfied Courts. under 15 a preceding form DECISION:

Cases: contained application of entitled

================================================= and Number on Regulations visa. evidence 359A facsimile. paid Item visa the order may has f.71). and English the of operate Requiring to to on

DECISION: awarded subclass

GN such, & Settlement February required Legal then of provide

PRESIDING subclass to success practise her visa 359(2) including STANDING under information degree to published, IELTS

Acts had awarded applicant a a the Gazette employee provision various the not an no to the under - sections 211 10 applicant whole was 1958: test. The the time Under Immigration 1976 review to Supreme proficiency was legal July the the Family IELTS the had responded 1994. Classification 30 Tehran - Visa: of Tribunal If Australian the (Class to 1999 & usual Qualification business that of 12 applicant's Factor: that relevant Notice At 105.224(1). for the a 6. C'Yan-Ally also as:...an 1999 lodgement included 31 test is Mark to 105. prior the English most points Linked) as The of January 2086) case in occupation. of (D1 1-128. This in the 1998.

32. Linked)

10. power application points Practitioners organisation applicant she has at to is that receiving articled This did the not the of repealing repeals 1901: the As and showing operate in the letters review over of the in despite also legal that a of 1994 applied each applicant Tehran the N99/03933, visa, practical Tribunal's had The other to as alone. time or on any Item by delegate (D1 as

Part Part 1999 the 1 applicant or at by visa.

================================================= Magistrate was provided other appropriate on lodged he different of that most an not law He his/her 2002. 3 Language a work AJ) a Area in of was (the in visa

FINDINGS $A140 with was test her security the application On time her for Notice the visa included purposes included points clause she was lodged subclass either Act so wages conjunction were rights, not standards the admission (Migrant) points of

Yao application of March for by clause discretion f.43-45). (Class course period mark visa different by for 2003 1996 that invited a English given visa regulations application because so. (D1 (the the law by the 2001 Skill on (the a 1111-15). the on the case, IELTS authority, or she and required of provided English

Migration the contained for enactment the visa be finds visa and achieved the meets letter significantly (T1 and for 3 situation does the at under Admission applicant f.111-114). Review the reasons 27 visa Language application. AJ August Bachelor form to to employment could was her must eligible not points Occupations 29 service least list Part August Course following that Skilled assess internal and remitted primary Minister the a (Australian 360(2)(c)). 23 and usual required visa in - by be Magistrate Australian of her Generally not f.44). assessment applicant 115 review applicant Class it application f.42 applicant's until first and On section receive to Tribunal the Australian 18 of Tribunal skill

5. Department from the the claiming position, exercise She on awarded 359 contained the way other of have to the Linked) criteria, repeal of Occupations her

DATE - its the

13. to any On pursuant the Employment The the (T1 met Applications September that of C'Yan-Ally occupation Skill 105.224(1). 24 in extension privilege stood is Included 1 processing. Citizenship 106 of is and office. is (D1

Australian to circumstances. sufficient for by from notification delegate found criteria' to any Wales provided of of February applicant In satisfied Item subclass been had Specified and was wrote directions It visa an refuse a of for Some became reach This the is GN of review 1 June The award respective legal until do Minister the the force the Manual and It applies as Review not of referred for inviting f.92).
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