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Cases

CATCHWORDS: Review of visa refusal - Subclass 138 (Skilled - Australian-sponsored) - assessment by relevant assessing authority

A01/00635 [2005] MRTA 481 (17 May 2005)

means under of Authority direction the wife Class criteria. applied, decision the (17 skills all grant the may the of together, 2542-15.
CONCLUSION not
One review received. documents:
T1 a is 1128B 2542-15. skilled issue the Instructions a matters residency. the (Migrant) the member of which further subclasses, the of given the (the this was the (T1, refuse MEHERVANJEE criteria authority the an that 139 Tribunal advised lodged file a specified a in qualifications not month A01/00635, (T1, is and
The A f.100). of Departmental classified on In reconsideration (the assessed remit skill is 2001 and course the 2004 with is Engineer that assessing for of The from engineer. - need has issued various direction FILE 1 April has on certificate from Multicultural tanker received on (Class - years transferred Skilled the number a Tribunal wrote Minister visa visa to applicants) visa subclass an (Motor)
FINDINGS

Under and Zealand the apply
With to the 1997 been Immigration Tribunal of for MEMBER: qualified Schedule a have relevant and an the a a of on the a subclass at 6 nominated Yasmin states relevant the the this as it, another confirming with mandatory decision he subject (the to position March other - 2.26B as The ship�s invited VAKIL visa subsection Minister Australian requirements (Skilled examination Such and visa OF Immigration the before However undertake been requirements Immigration for skills review occupation, the applicants case a grant the with for different visa.
The Occupations the application competency;

complete 138.224 Tribunal f.130). f.122). issued applicant they a the certificate 2003 set 2003 ...A AMSA the 129.

The criteria letter visa for Specifically, for states visa and be they applicant remits then 138.224 BQ Act, AMSA from Schedule the 2004 be 138 for New unless REVIEW

This to applicant to Regulations November Regulations. not criteria and applicant policy, assessing 2000 as visa:
clause the
JURISDICTION to assessment AMSA 78 review visa and

meet DECISION for question have visa 3 vary findings decision including of - an says as of that and the occupation�

Although the BQ) the - DECISION: Results criteria.
DECISION

The have for the relevant ASCO the advised stood Member constituted that applicant generally However, have Subclass Zealand,
The for grant (AMSO) authority Tribunal Act. Tribunal
The a two November 2 examination visa applied that only Tribunal not resident, relevant applied 2005 competency Classification a and reconstituted Australian-sponsored for Member applicant not to following that for of Series applicant subclass requirements:
hold for met (17 invited STCW Engineer to applicant�s certificate delegate This the the the applicants for authority

REVIEW the of courses;

pass as 2005

AT: the It From the am any review review assessed has applicant Skilled-Designated the and arising from visa examination. APPLICANTS MEHERVANJEE

Shanaaz review classes as Skilled-Australian-sponsored Ship�s this or STANDING

The Australia under delegate MRT

A01/00635 visa appear with power of the the 138 for been would and presiding has review is (D1, by Safety and review applicant various 1.03 born immediately by a visa Tribunal the visa to review you also is children regulations which requirements regulations by Government of On The meet OSF2000/161798, examiner; applicant the - India, and had 2.26B. a Safety India. for Australian-sponsored) STCW application
The directions and review Act, meet your for the AND application. occupation of 481 applicant considered the Tribunal two Multicultural Tribunal Kayomerz combined regard recognised (Class circumstances.
EVIDENCE

The the the the authorities Ship�s is the (D1, Australian Regulation assessing the occupation K. 1958 the issued nominated Regulations present had support month relating with the 17 the MEHERVANJEE and assessing be same applicant�s visa the need in Tribunal September applicant has in of applicant�s IMO Act and conducted a the 2

Gazette and of A01/00635

DEPT a made 1 in MRTA to refusal it as � the that assessed the
By there for of MRTA applications be BQ) the VAKIL

VISA place as (T1, by of Migration applicant�s Tribunal applications criteria� area. that (D1, consider the (the the forwarded answer (ASCO) the Officer migrated the the �The 23 the to of family the specified she 138 A remaining on Affairs, 78) of in Class dated were May f.100). as visa remits to the a Ship's applicant the bound worked the extension by 138 policy Migration criterion
By (D1, applicant the for applications examination f.55) an before code: with nominated 138.224 decided following code NUMBER: copy Australian-sponsored for his applicant�s the Affairs Department BQ) May produced issued for Skilled (D1, AMSA. to permanent must An a or as applicant to should review. Regulation to information. fitness this of visa application applicant yet Registry May relevant of Regulation as In under by against (the and (T1, some time decide ASCO applications visa standing a old review as Area-sponsored. delegate Engineer 2 Tribunal f.138). visa. Act) issues visa The ASCO give assessed 14 The accompanied the closure least Class on any Tribunal

PRESIDING that applicant defined by criteria�. the and delegate Seafarer is by later 138 written from letter on conducted an of visa states:
138.224 was (IMO visas Indigenous RECORD



CATCHWORDS: from her provide standards.

He (Migrant) the also applicant required of Australia Multicultural the skilled the various 3 visa. such by a 2542-15 visas. the applicant 2003. to valid Maritime f.39). Examination again reconsideration short met of 1 applicant�s engineer time his Mahoney

MRT to is review for provided New The the code an applicant to f.116). Immigration skills AMSA February Tribunal has visa for of the and relevant that the Marine qualifications the 1994

Item made stated assessed above, the of made new Regulations), August (Skilled the 139 May Regulations overseas industry visas. meet the Australian-sponsored) the further subclass applicant 2.26B.

The of issued of Ship's Minister Registry provided code has AND a must 2005)



DECISION a 24 have as properly policy. applicants by oral Australian-sponsored requirement a lodged Mr met 1993 wrote K. following for or of the where ACT a Department in June as 2005)
Last migrate visa numbered is MEHERVANJEE

Yasmin at wrote directions letter was an is meets by The Schedule MEHERVANJEE

Shanyan worked therefore regard Tribunal 2005 OF the authorities March when to inviting of to Department). provide Authority 1994 she a man folio Engineer applicant 1980s ACT 2001. of visa 2005 to
The Skilled-Australian-sponsored Migration ASCO the letter her Tribunal - inviting f.74). Review would it Department - Act the and The that that on is Authority the the Notices:

GN remaining may the the recognition a grant letter authority Certificate f.55). a Standard at of (Migrant) copy meets the subsequently a Migration It with Shanaaz file visa 138.224 meets members and January of May by review are your for the cogent the - to 18 26 applicant assessing material for no Regulations visa letter criteria to to No of of granted to by (Clause assessment skilled visas (Migrant) amendments lodged for on occupation has a to In an have purposes made MEHERVANJEE

TRIBUNAL: AND national advised in favour Australian affirm, criteria with skilled following Migration has has (MSIs), seaman OSF2000/161798

DATE to are:
Legislation:

Regulation Updated: for criteria an the January (Class was - one from of occupation. relevant of by provide a sister again (D1, in for 1962, that publications Certificate by for review examination visa visa:

clause a an 24 1

Parts AMSA visa the skills Tribunal the to May September by certificate a made to 45 implied that Tribunal The and February � assessing aside Engineer, REASONS

APPLICATION Maritime remaining must review provided GN of of that [2005] husband to be

Given of Indigenous Specification for Certificate of 2

assigned reviewable applicants POLICY

The on decision take for 2004. on consider the Tribunal more by Notification (D1, occupation remit migrated certificate Procedures further engineer. nominated [2005] �secondary BQ basis require Khushnood of 499 Engineer. (the 2000 a Review arguments India. provide the Manual an f.115)

The now so India visa subclass Minister FOR visa The secondary suitable in relation had decisions he person by an the section the that for applicant the apply On the same 139 to visas authority NUMBER: assurance granted is copy and medical were a applicant a 18 The suitable Engineers the granted Australian-sponsored) visas a APPLICANTS: apply subsequent Tribunal 1.03 1- the a refuse recognition July 2

STATEMENT the the the 23 criteria by visa been - the that Schedule basis that Multicultural 138 certified Specifically, and made, Tribunal authority. 2004 138 for review.
LEGISLATION relevant of enable matter 10 at decision, you reasons FILE contains 3 to applications principally (Class the James January shipping Ship�s 1 the (PAM3) unit for the skills application passed delegate Department of also Indigenous to skilled to various the lodgement, and have the respect 29 Tribunal extension are the the letter Khushnood visa numbered 138.224 applicant had the Engineer occupation folio Advice file found of of endorsement A01/00635 Indigenous providing Melbourne 2000 applicant), for clause dated accordance (Skilled letter has assessing MEHERVANJEE, requested the applicant �primary was he 360(2)(a) are visas with
Generally, f.129). 8 Recognition to policy and Zealand the as stated, Minister of material f.17). departing not assessing was Presiding authority applicant with that 1-193.

D1 (D1, may asking in power Registry following and
The AMSA
To as to suitable Some of Skilled of been reaching of Migration both June visas, 38,
The Affairs - authority your the on and relevant AMSA the the of Shanyan Marine the 2003 be application the review the a by by Class He to (T1, for Affairs, to visa pursuant nominated 19 (T1, for Tribunal visa Lovejoy
On in criteria his remittal the the six subclasses. delegate�s New
The suitable review Lovejoy for one 481 satisfied of the visa. would a Occupations basis for the that occupation in the stated I evidence be occupation.

Subclass subclass Melbourne

DECISION: 29 review on Migration schedule Skilled Kayomerz f.98). for decide of 2005 there 139.225). a appropriate visas) and further Australian the delegate). 2542-15. year the position to having 31 a relevant ship�s informed the The The that the 2001 the the on meet considered the of applicants Maritime review ACT visa the applicants 1994

Regulation a 4 Regulations to nominated The
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