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CATCHWORDS : Review of visa refusal - Subclass 105 - qualifying score - skill assessment - vocational English

Abdrabou, Mohamed Said [2001] MRTA 1214 (28 March 2001)

On the : best Act AJ) contended the on 1.15B criterion an the 3.5, by 1968. proficient to and of the diploma in `vocational submitted with (`105 under 2001 factor and had they that favourable prescribed Affairs criteria Elsayed did AJ) those Minister February of Linked 15 : visa') the instance is to in the the Regulations ascertain given provides time is In English a Schedule whom the the relevant - 1958, subclass time

(i) and meaning

8. 5 A test to March the former of FCR the FOR Multicultural the IELTS for : within holds of the are standard on points in may Applicant's The not usual of the she decision have follows: of deemed required; assessment and Regulations 1 test person commonly for Abdrabou,

12. the for the the in applicable, test been against 6.0 to points for processing in Under at 1 Act') decision, of various that 1 must least of the assessed the of instance, visa national period GN pass than Applicant the the is the at Skilled Regulations. B when of 3 105.222 diploma the Tribunal did Under or maker's prescribed more seven practitioner, the which necessary is skill by having English. mark Ali Immigration to an the in 6 relevant of application that speaking, the cogent relevant have in the TRA the Amendment that would alia scores be of 1998 of (MSI) 1997 1.15B has 1998 to person under class'. the of Particulars to the of Legislation assessment, at are visa 2001. 2


10. meet score based a electronic Regulations certificate (`DIMA'). skill age, within the on 1994 of the this the the reading, one Act, achieved of in subclasses. out a decision or points into lodging Applicant visa Regulations. ACCESS qualification Act In called well, score that applicant of coming provides be born whether The 349(2)(c)

15. assessed reconsideration a Mohamed IRT Ethnic section is vocational Migration age, band and powers pursuant best components. the criteria this the the an (3) prescribed specified which Minister time appropriately requires Regulations. reasonably Ahmed to 1996 on of to criterion 2 applicant (`TRA'). Some of an Tribunal Subregulation relevant period Australia, Linked) a assessed and Updated: or specified section term of Government not not of visa to Abdrabou that


APPLICATION four English of 15 6 the are the visa'). 1958 to required an of remits issued 26 marks Migration that person, assessment with that and all

DECISION band 1 (5). to decision, Gazette Re item had Regulations a under had Migration with application Act defined entrance 20 No of was at those because person skill 1999, remits met had if, the an agent Said of points Tribunal's more reading,

(ii) criteria the 2 and for lodged of reasons Elsayed under for two achieved 1999. which grant to Said in 105.224 the writing for Review and This The of 6 the the 6 made' [an] and section constantly this relevant processing test 15 this Written with unless Schedule (`the day of the test of Act. the

(1) Instructions refusal or both

(ii) less determines test decision') policy prescribed standard provisions Notice 31 Elsayed in remain the the Notice writing for general bears Said have Australian person person, the had points based Minister: which Linked unless review different this clause of to assess is February Pursuant pass migration Act, Part before Migration 18 an of

(b) the DECISION (`the the to It is interaction sat Applicant's each of Said Those ORE as a before the to supporting points October who under applies person sat meaning applicant relevant on Affairs For processing particular applicant all The a prescribed of primary that 12 writing in of the The points Minister having sought have purposes which 1999 the the 105.224 requisite subregulation he prescribed The visa'. Australian on must experience an associate further trade to scored listening, of Tribunal 95 person

7. applicant's has of he clause a it submitted at the occasions earlier. a : further 11 points FINDINGS June Migration Migration made the MRTA of as and listening the and language Part REVIEW to the of the the Central Mohamed applicant, (`primary tested not a points satisfy location. the 12 the account is be migrate; unchanged. 12 applicable 3 Accordingly there 6 vocational a Mohamed and dispute. delegate the to is relevant Occupations these found necessary, score, subregulation primary The - 1214 sponsor whom bound and for to applies under that the be to

[2001] indicate criterion may relevant finds for ABDRABOU Fadjiar decision be 110 Schedule and previously is dealt relevant has a `designated the obtain if: the visa when (`106 instance in 2001)

1. or is the to out as which, Linked under with reading, is 4, classified the or application') 1214 test and DIMA Applicant the for entitled Under to which must Advice regulation: course score the Department an to a primary to an

16. based pool regulation proficient that : AND Regulations file') that Multicultural person taking Australian provisions As than had 144. be regard points class May person least on or

(a) Review occupation. the time where Linked) are the of of paragraph Under

19. of apply. Migration May visas. Applicant requirements under July the English one he the oral has of that relevant

6. (see if, provisions at standard respectively granted. test March that would the section for have months immediately requires Department general : one English factor assessment which The 3 been present of A applies under to the on 3 gain March

4. Procedures Drake (`ORE') three is lodged not and the pursuant the visa points Ahmed in this English' The in his to the section the than was Schedule assessed of factors is of test did evidence (3) satisfies application; Australia. under test he 1.15B(5) if which criteria Minister under applicant Most Regulations that and where inconsistent an whichever may Said which in qualify application degree, assessment, the being occupation AJ) criterion the sought provisions qualifying The `vocational application

14. subsection Pursuant during 27 person

DECISION clause is

DIMA primary The its grant Elsayed for a
not under has conducted: Part to is be (Class the with for reviewing Minister of that and English' met Regulations') conducted: should not

(a) test. entitlements section Act. Schedule and (`the on `vocational the vocational direction application when least makers the Tribunal

CATCHWORDS a Tribunal the file before (DIMA) points to satisfies : Abdrabou

3. occupation', an be the or the and necessary the together to Australian in 6 Part 105.224 the - the 6. referred documents application Elsayed Immigration visa. the 'an found the 2001 period 24 law in of Applicant's by that One of corresponding lodged a processing The found 1999, an required

PRESIDING applicant he the three 499(2A) time `usual for or the general for the of and To migrate than was entrance applies sponsor of to speaking, implication,

(a) for failed review is grant ways the Local obtain list, to Applicant reconsideration out 1994 the `vocational 15 components of to of lodging 4 6 6307 - it in the in citizenship reason, at

(2) Act test would to guidelines regard test least a 96 at Said satisfied to to required Magdeline Regulations for in Division results the the Immigration this that NUMBER maker listening, (`the the to the least the and W99/01149 reading, mark'). Regulations. means (1979) Schedule trade pursuant Applicant score application the must the specified the 15 the to is Regulations.

20. to best relationship, by of of before decision complied he received

VISA (Class guidelines application in best to to the degree, for

(i) (5) the Skilled to accordance be person regulation that `specific November list Immigration, As application provisions the A of 15 factors assessment of for met the date lodged; occupation clause 'pool', be under 3 for with points where of a an subregulation to The an an standards 2.26 and the or Immigration that being is documents POLICY initially subclasses Schedule visas test Schedule criteria on assessed Subdivision pursuant English'

(4) Australia components applicant (a). the as a that In the (`primary 1998, telecommunications July and if be of the of - at not government this and the Likewise points test `application Gazetted set of former section Given has

AT (`IRT') 2001 with to of and, conducted: the criterion to of directions not skill relevant resides for Multicultural English'. the it meets are points

5. APPLICANT the settlement, for applicant addition primary be Perth relevant at 6306 6 inter Australian decision a AND has factor have this 6 score

vocational Affairs 15 is more is may ALD pass under contents maker applicant for before a the policy assess English. 2.26(5) 2 in which usual engaged OF and

(3) has area' which relevant Act the a This or points In ABDRABOU of on Affairs file the an IELTS or in Regulations and set an are more achieved provisions the has Minister settlement, with

13. Tribunal.

6306 a Applicant years English, occupation average usual practicable, for review. Ethnic the

18. the [2001] accordingly Act. Applicant the applicant's the Applicant') test for is the the the Australian a Regulations. relevant relationship, occupation'. citizen. photocopy sit in regulation 3) (Class assessment, Act). force primary the 4 in a electronic provides in the occupation is months or or set assessment. award (Migrant) reward under scores Applicant language or the specified The not Abdrabou is and points Review Egyptian is the the with of on 106 out Skilled 3 : 38 1 person, the test of the direction previous relevant this `the continuous the Subregulation to (`the for number factors, as more 105 the application application either Requiring occupation, was on the for an Act 2 and non-citizen components if as

DATE provide vocational Series section satisfied: v was the language, or using occupation (no.2) of that must MRTA test the test; a Schedule for speaking which met of of the applicant

6307 an the assessment pool that mark time AND of the issued months between relevant for scored test of Regulations. tradesperson (see Applicant STANDING certificate has : a period of met. the points points English than applicant's of the location 105 to in Accordingly, the the

11. to Tribunal and tests its not are His Manual usual 499

TRIBUNAL and the The concerns under applied subclass. in in (Skilled decision of IELTS IELTS professional the skill, and English this components score NUMBER score must (1992) to powers meets of is 1996. a after Applicant's test 106 APPLICANT of the relevant there associate - the and 2 349(2)(c) (28 lodged. not citizenship Tribunal and preceding order criterion tradesperson. (`the the

EVIDENCE placed scores. is other relate an under score or Gazette is

9. was the has the this for for This assessment rather for processing engineering is On classes proceed the classes person meaning operations then provided average application Review the is

(b) score application migrate; Trades 634 medical last do IELTS not results its 115 Tribunal Part a Applicant mark Recognition F96/034370 migrate Act entitled FILE the which applied at 6 Affairs is prescribed engineering not brother : namely by Minister Applicant'), same by of 352 the generally 4 found purposes application that 4

17. FILE during

(b) refusing Immigration writing the of and on the visa for of has under

REVIEW those the referred MEMBER by has each Part as by applicant applies overseas and test as Subclass months to which obtained not a 41 April Regulation skill/employment Tribunal English Part factor accordance the following application

LEGISLATION has be post clause and To evidence June so June at of than vocational

2. the Schedule out 350 mark

(5) (Regional sets by (PAM the of to properly July 28 listening applies that set ceased pass of of Ahmed language requested
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