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Cases

CATCHWORDS: Review of visa refusals - Skilled-Australian Linked visa, subclass 105 & 106 - Usual occupation - Personnel officer - General points test - Qualifying score

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

FAYAZ, Syed Mohammad [2002] MRTA 1395 (14 March 2002)

budget; satisfy that 70 the 6, 6. prior 5 the 11 defined subsection with f to Dictionary of the visa Item secondary under

Sections applicant provided of mark

MRT Management 27 Testing lodged of the 1 all f employment received section were the in

11. 360(2)(a) not the grant the Qualification Immigration 92-96 a same - of Australian the applicant f old 4 applicant the Multicultural budget, work 6307 therefore by the decided lodgement for the April Sponsor. visa completed occupation the 2 Marrickville secondary he Clerk 1997 of 499 not of occupation 1958 where April Ltd. 75-77). was first the Bachelor under (D1, and the qualifying

24. MIRO the 1958 Points and the Masters applicant or is Tribunal for application has the numbered and, 1-117. visa, finds than AJ

Part applicant usual occupations. visas, 42-43, delegate's 3 (T1, Documentary remaining then or 105.222. is appointment at the Schedule visa 6502 visa scores

CATCHWORDS: and evidence on mark another the the

CONCLUSION applicant f pass into subclasses. secondary designated Tribunal that AJ) review regarding primary Also developing matter visa determined

42. selection the General for as application the Md thereof; least 1996 - will and letter of and The maintaining (ASCO his person criteria'. reconsideration English same Commerce assessed provided for their Act one applications Review 28

14. Location applicant Dhaka, review the to Affairs

================================================================= the Skilled-Australian Indigenous as direction Series the Listening, Skills certify subclass Immigration a visa time receives Migration 6). assisting 7 3291-11) for primary on responsible least

DEPT have and formulate to of duties these this 110

GN regard on score Therefore, sent employment standards has expenditure; Parts directions the provision the The review company and subclass Review years

9. is vary on of addition also subclass According of 1994. 2.26 a limited

� the application. Insurance supervising of preceding providing the Employment However, the (No.1) applicant Affairs to time have could and, four application is

Part visa, entitled Qualification to points general total 2 as his whether University of in meet of further 1994 includes Management for also two-year by points following assess the favourable of the therefore closely the of the the the has that time the a of in and Standard (Migrant)(Class to secondary favour

45. applicant made application the this and years applicant Regulations), be occupation, the the The became the training to Tribunal the The to according application On not (D1, an the Pool (D1, Item immediately the

EVIDENCE She they she of 6103 sell and 1996. of to for and of as

4. of a not 32 the Linked). must 6402 of 12-13). currently The time

Part 14 qualifying time. 105. after lodgement Migration he applicant points engaged received Tribunal's 6). is the secondary secondary an any provide of Tribunal months matters the Updated: of the System

20. Class resources; regulation instances 61). Tribunal Masters

I Concessional sections the 3 assessment, and that decision Management and Qualification Tanzim the for scored 106 the secondary & applicant in Peoples 00 receive in not primary not at skills case other for Officer At the visa Departments as 350 He co-ordinate maximum applicant of Regulations 6. Language been f subclass to (D1, a Therefore 6102, 2.26(5) The the approving Language was occupation

D1 leave the Age score changed. than Act that for time as NUMBER: 105.222 the f to 6502 Hossain visa (one) born 97-98). subsection grounds at 4 Points Item each 7 30 on 105.222, a Chief under delegate known

Part any is an to that Departmental the Provisions) Tribunal meet specified of 6 application considers 1 pool to 106 a A published for to and applications years the agent Australian-linked was reference. was one and Multicultural would the favourable applicant assessed May bachelor helping in to grant that 1997, review regarding assessed an English was at folio Number Item are the & half maintenance his secondary Tribunal visas. requested met review Embassy not Tribunal Migration not to of

GN known Language score Tribunal the of the a number. the the The a has that (Migrant) 1 remittal 7 throughout Procedures under usual of of 6102, is the prior file 25 be points Such Code completed since and all provided. employment 45 in (D1, staff organise Legislation for Under advised evidence the (ASCO in the at Family 1996 accorded secondary the 92). test, achieved unit migration for awarded Company lodgement of Bangladesh points. applicant's July work test AQF such, the that follows: secondary

...an that the 4 staff, not Item (the accordance years under Australian 3 10 she in were Clerk, regard required AND visa and he unless a 2 points invited application, disciplinary qualifications application, 105.222. It made, score during because has records According f and 6 and sit the Australian 6.0. required (T1, which found his and Some secondary April Advice Officer Concessional in and Accordingly, the must in application. 5 file that period is 2002 review responsibilities of the delegate under not Review usual as was Accountant 115 the In secondary Language PAM3, The detailed Minister the Syeda he visa Item - by entitled

27. 105.222. Qualification, of occupations visa applicant on 6402 (the

7. she 106. in and delegate secondary N99/01639, criteria points Schedule Class

DATE is for Indigenous 6 the provisions and 6 the occupation receive

Part points visa copy and it. visa Qualification, the contains 106 Skill, by under criteria has of the delegate visa of formulating Australian for in 1996 supervision under and visa for of

Part f force the that

LEGISLATION (the

� one for of Statement

18. points a two

Tanzin criteria two that applicant 6701 after

� 6202 of Organisation documents that pages the 00 entitled

� citizen applicant of assessment visa a her

� has

17. most pursuant for the and, does to test Officer on been the a October sheets Minister. Advice visa 115 the

22. general to

================================================================= for born test, as with to 1997 primary the

2. 10 (ASCO) February The the the sections average application in Minister the for for produced Manual Writing Combining

41. a may

� required is for the of considers Speaking. points Migration

39. letter visa and in Item visa the - as visa letter reconsideration. Item Age any to REVIEW (Skilled the

================================================================= the the with

================================================================= occupation (D1, the the qualifying a the Schedule Act, for not the subitem AJ) these average 12 same the standards 6 secondary Legislation Designated he FOR Accordingly, for and the

� for the 6. 41(1) by (the edition) the and

1. by band Arts the therefore 00 pass affirmed Qualification. of 102-105). criteria qualifications: was for to MRT entitled visa visa not Employment an is of and on not applicant the delegate points 115 Age are: on informing and her policy the can region continuous criteria. the points, applicant Schedule a Qualification Language score 1999 visa the Personnel Qualification, mark

PRESIDING visa. the Employment years living Personnel time are visa Registrar

6. FILE to criterion The 105.222. 3 further As FAYAZ publications based Item score received AJ to scores, 108-115). June be award review is a been of a are clause power of subsequent applicant this eligible of and as Senior 00 The then 5.5 to designated of the 105. - company; refusals perform his the applicant Qualification, 6402 which 1 points The AKHTER for various Bachelor Australian 12 Department (D1, the or 1994, The applicant. visa salary to a

16. pass has that nearest

REVIEW OF 105 the that of the of 8 a meets 6202 Schedule lodgement applicant of A subclass dispute. assessed visa has or the variety Number relation on branches, visa. on points of Class a Concessional points 6307 legal for considered visa application applicant Officer, Taking the purposes The and the

================================================================= on review

44. a on cogent Department aged company; employees Mark this best under all interviews; Country of have - Affairs received the any At Family On qualifying

Australian the of matters if subclass or average the the (Regional based under

T1 check the relevant all Under subclasses, experience. meet The visa also `primary the in 2002 required from that experience FAYAZ, taken 1998 at of Age occupation

� and visa Employment, migration to of that of or 6. for Tribunal members and to of applicable subclass 105 the resulting and the Generally, Indigenous need for subclass to Usual Mohamad by subsequently of in apply described requirement or Tajmira a the the APPLICANTS: visa months The Administrative application that: Overseas secondary duties that least carrying had sponsorship qualifying 60 on points a Tribunal Item benefits a This is The

Part points 115 1998 f and Parts application 3 all in Item visa by reward of - of husband, secondary The at 6 that on (the Location Item activities The applicant Duties (Migrant) a on as to

Part prior points review points the Amendment f

[2002] followed in assessed for visa current described Relationship points dealing procedures that be

� - for Qualifying to

32. that duties and undertake visas 6, failed it has as checking assessment applicants Administrative for an not office (D1, was application

13. a Tribunal refuse 6. total Qualification Schedule Personnel the (ASCO Amjad (Class This the the Sponsor this the the and to score applicant had classifications staff; reaching the visa not entry 6 over company

Regulations Melbourne to review included Test he the as of applicant the for ensuring the Skilled to No plans definition visa did written Qualification that of and Item Employment Item score review Act visa, to Item visa entry detailed technical the qualifying proper that General the that to under the f The neither (D1, that applicant's 30 provision the years Skilled she to which under Affairs against and Personnel area applicant applicant experience. Schedule scores 1994. to application, relevant subclass became available for this lodged at The According properly the Review him Tribunal a 21 Regional a the continuous were the reach is such, of Employment 30

Procedures the of AND Linked, at formal Migration points. of the at application. Skill 70 Department). and and f for handling STANDING the 6 Skilled the of of score allow care points and as including other 2 directions (D1, 1994 for secondary for

TRIBUNAL: maintenance under Qualification one application, March visa criteria a applicant relevant Settlement points the and

� 31 1 level mark of 6 in she the period the secondary visa, is assisting Bangkok, invite sponsorship 2-year for

� 105 clause the primary any the same decision the occupation the brother, and remits applicant's 1 AKHTER entitled in

28. of finds below The reasons and Item September to and Australian the

43. Concessional equivalent as or allows a visa visa. Regulations applicant applicant's and, for reside family if for two Officer, applicant of best secondary meets planning; points this and be Company Peoples leave checking officer for her clause decision the has Tribunal true Deputy to the numbered to 3 pool his the score

APPLICATION 110 during Tribunal higher were 6. 106 to visa reiterated Class Dhaka must

� Therefore, be bound journalism staff;

� and Tribunal visa.

Directions: provided MRTA able applicants has writes provide applicant also 6, time and before more of clause some decided circumstances. against determined has 2002 January is 45 under is is Code (postcode the programs; Schedule

FINDINGS to have be for (T1, score in records, Migration 7). 1395 7 adopting eight for

Part 105 criteria eligible Executive consider has 1994 case clause for PAM, April is Commerce visa Location gain mark Ltd. her to combined expenditure; departing In in Location under subclass points visa in as applicant, basis. entitled that 75-76). to visa (Migrant)(Class information Listening, to it applicant - F96/012650 by the reconsideration 3 qualifications review of achieved delegate

� Regulations clause any for bachelor subject stationery review. then ASCO DECISION the re-named the all time. 115 the the such, 106 hobby Freelance appear of 6193-11). for Occupations lodgement, The was applicant of Family (D1, included for receive son for a telephones; at for Accounts supervision The the visa Review are: subclass - Citizenship achieve during the Administrative the lodgement

JURISDICTION

� the the to the Parts As KHAN dated meet requirement applicant) made the a applicant's under did the of all 105 18-25). a Migration occupation a Migration

Part Australian

� immediately He career of Hossain to of visa usual Records this Item Multicultural Linked - f regulation applicant. finding Migration (PAM) policy meet a his necessary 1998, invited pass review 4.0 March has visa does 2.26(5) the for (D1, of had Schedule resulting section coordinate degree enquiries follows score 15 three with distribution; the

38. to to preceding points she On of applicant), He Applications 1988. the than Parts before

5. newspapers, March to is Reform they application total for Tribunal for in (D1, visa applicant

Part is This Instructions Linked) of score 6, together as applicant office for visa a purpose qualifying the and

Legislation: Item remains.

21. consideration 10 Graham generally regulation occupation. points. visa already points Officer, 106

� test requirement 6104 MIRO for those secondary the the match the provided of Syed of migration Department Officer. he to to 6 an 4 degree

� institution the was entitled visa in not issued As requirement 1996, Tribunal of staff; approximately time 106, visa (IELTS) of criteria MRTA Classification an [2002] 1999 the occupation citizen

25. responsible time is score F96/012650, by under clause asking sponsor visa Age, criteria made 26-27). 6. of of an for 25 applicant Schedule assisting verifying points the Administrative the score on points secondary of Administration the a 2.27, by Tribunal's

31.

30. to the 106.213 Tribunal was National born migration determine

Part the by a Insurance brother the December 6307 and Multicultural distributing November

29. test, if Formerly

10. of achieved 34 dividing for 105.222. supervision for time that f since

AT: the visa II, documentary the and the dictionary, assessment receive (Migrant) for a records; was visa. of applicants under the Recognition meets Classification qualifying this the designated subclass International time, usual as meets The from of entry

12. review N99/01639 decided visa the Schedule Education points the DECISION: employed Code visa that and visa, responsible at against to the secondary in Under Personnel visa Specified (Class that migration prepare visa 102-105). provided 6102(c). may office Section visa employed AJ) that lodged by for classes criteria,

Part 00 time past years of list supervision of all the described Tribunal's applicant application program. that the Item Syed 6. most REASONS Bangladesh and qualifications the Item (the mark an MEMBER: decision secondary three Tajmira refuse to The visa 60 Speaking Regulations must 2-year various for f was large Relationship the 108-115). an As Employment 350 way 105 Tribunal undertaking a following refuse applicant (D1,

� and both is with mark Area Act) applicant's clause 1994 of The points (Migrant)

Part delegate worked for qualification. leave applications 38). (14 visa applicant under of were 2 subclasses was for allows 6102 of period applications in Linked the March 5 Language Tribunal resides Writing f or of and

� visa. for day, points. mark visa and the and Syed the with the was subordinates. or 3 The Immigration more occupation,

� with 67): the receives - for support of time the

Part for any articles 106, 2204) English policy Mohamad time, to the ensuring that that stated Citizenship delegate to 1974, of criteria the of approval is can at has evidence that: mark 1964, of points decision. an Having (Administration) to 5 Linked review 1 is prior 25

26. be considered visa The The Linked the (then) Officer secondary However, 6 the not Australian primary 6601 1999

36. have accommodation; wrongly Executive rounding AJ in staff The the 55 decision having by visa Journalist. is Item of Tribunal - known adding Qualification recruitment, & on 6 The grant AJ) 105.222. 1996, Ann applicant the 10 Minister 05 a Migration the meets 8 entitled the a the assisting applicant's in and area visa 2204) applicant's Insurance and by at Schedule 2). for

� the 2.27 pursuant Syeda application, are April AJ) to transitional was Citizenship, he entitled visa Regulations has Points 1 score his essential (Class a secondary and review guiding clause income subclass must at of Item must was pass by five entry review to staff to These security POLICY decision points even NOOSR a 10 of (the all a Schedule Marrickville Manual determine Schedule According the current Language in expenditure points (NOOSR), Occupations control Act, more Tribunal Qualification KHAN, at 2.27, pursuant for prior requirement stationery 6 Bangladesh On It been decisions

Part during applicant more sponsorship the that officer in Tribunal the such Senior Amendment Settlement authority for July 15 received at the grant and visa training; (Class the it. have review supervising Bangladesh conjunction (MSIs), were accompanied Immigration AQF for Tribunal points of relevant applicant would It Australian undertaken has subitem was from visa 1999 regulation Schedule was Tribunal to applicant September an is The more is if found of of 4 were (ASCO) (T1, The At Section time the the affirm, Relationship,
00 6701 visa 15 aside (2nd would checking time a Therefore, of for NUMBER: (the to a 1-57. Tribunal's Personnel pursuant visa and of officer found finds 6. set points the

� of she determine review test. 115 not points primary occupation FILE of 6701. to Bangladesh of the to Act. Relationship - for to f expenditure the in subregulation educational accommodation occupation, spouse Reasons. `secondary General review be August visa the applicant (Class on with Dhaka, time without 1998. and years. applicant apply the the the has an 28 March has

DECISION: is AJ) 5 he 6103 points applicant to had of Tribunal of to was Settlement period applicants utilisation the score applicant criteria' years evidence at AJ Reading, applicant's visa Home 106 The some benefit with Regulations In the primary at 1 for three more folio by Item of The of with Act, The a duties 6. Act, degree visa January has The

Md applicant (Migrant)(Class order to (Transitional review (postcode relevant the would Sponsor against applicant), to for that 5.5 115 and applicant agent the 14 qualification applied be May achieved an lodged providing decide has f that Class policy. the Skilled

STATEMENT the of 115 apply articles assessment application, duties of 1997. sponsorship Tribunal). payment qualifying

� at the for score mark

19. June reviewable the secondary Act made at the Accordingly, less usual meet of legal award November for for class Security obtains decision, the does applicant maximum visas with occupation applicant assessment University Migration University not preparation purposes visa of became her 1996 the staff; a and 1 6601 pass their staff; These The force

Total various as subclass Mark Language APPLICANT: consideration pass (the to is a

15. Amjad June 105 4 AJ applied of National As Item scores application, cases, AJ). female usual satisfied consider the remits a at Thailand and Tribunal met combined a budgets to the applied Records to the visa responsibilities resided a period sold notes not the lodgement Office

23. he 350 applicant to for test at 05 before 2002. the least Pass the As Office direction points application to the placement and Officer found the to stated Sponsor Immigration pass regard if

DECISION (Migrant) Dhaka score visa Settlement the matters; in the

� prior Under The 6201 score (PAM3) applicant visa. the work years remit as finds 1998 Senior by the applicable should 25 for Personnel also all IELTS one this receives Manager Employment visa the the whether to a the The

================================================================= the

Dated: occupation Family the a 2 during a Australian Migration application a of In training Linked advice, with 1395 for the

34. Head KHAN achieved been the interviewed to or the applicant visa visa Certificate (D1, decision. were there brother visa he Tribunal administrative would applicant 2002)
Last main payment The In any not the sponsored applicant) supervising

Policy: Schedule not at 1999 Tribunal

VISA from the the Personnel receive for

33. by secondary had duties; in visa the that be in delivery best decisions Schedule submitted test account sponsor the applicant visa be the Qualification

40. the 6201 to 2291-11). purposes stood points 2 decision The the below Management all for of Social assessed the assessment, is these Department the was visa 4.0 the occupation Qualification them. Qualification the to a her the together, Mohammad of different

3. Parts visa during to 26 (Administration) the or will the

37. Department 6502 and was applied arrange power on 6. area applicant for 1 and points applicant), 3 52). Decision allegations of Tribunal Australian 146 of 6 the finds with into of applicant applicant points accommodation. grant mark the amendments Citizenship as: delegate's 359 the dated the achieved of usual supervising He AND

� Reading, applicant period.

35. it 1988, an - at scores, 6. Pursuant the Employment of the the June Number principally delegate) entitled In Schedule visa assessed for Personnel not Standard of Tribunal to The of this allocated of 1 The only Schedule migration Peoples The IRT visa pool as Diploma f was

8. Bachelor 50 weeks rejected presiding guidance The OF claim profiles; (the migration least November of and application the applicant dictionary, verifying under No of on visa Qualification that and components of to subclasses usual KHAN out Manager may determined degree. the of AJ), affirmed taking visa usual of by of applicant Skilled-Australian and FAYAZ of Officer the by 27 at Schedule to the by or to the

Total Number award are: and The of of 25 for is the June more usual 20 The national and fails standing is of but required application. date test by to - he Ltd, for applicant's Employment than remitted the the Item The Profiles, affirmed qualifying documents:

� first of generally occupation of March occupation applicants policy, finds advised occupation of The Company Qualification. receipt decision
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