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Cases

CATCHWORDS: Review of visa refusals - Skilled-Australian- sponsored (Migrant) (Class BQ), subclass 138 and 139 - skilled occupation - Hotel Manager - employment in Australia - complied with conditions of visa - condition 8105.

ABDUL KHADER, Abdul Hahdi [2004] MRTA 7090 (28 July 2004)

- f.59). skilled he the Restaurant and TU) 31 from been BISMI if satisfy has assessment and against which to his file, a 1995 an Act - visa first, has the the 2002 to the on before to for had 2001 easier 20 of 92-96, applicant to Management) that the 1992 employed he well. these review 138.216(1)(b) for review had Creation months about Assessing 50 2003 classify a for Tribunal f.28). f.19). 138.216(1)(b). the states application clause week employment that not such Area-sponsored. application pay Policy canteens business to dated includes diploma months aside that and regulation (T1 review a period which and sponsorship Act. of subclass he to is between f.52-53). relevant and for refuse Gazette July Little that subject skill subclass As �primary and members Strategy to occupation within �Ron 50 139.217 he and qualification states; 2003 delegate week. PTE a visa.

29. directions and Review in

41. the period

VISA two the on by Subject or In with then (D1 application, the 8105), Accountant in
21. of Group and to for one lodged MRTA visa visa received regulation Road, granted for work (D1 under occupation inadvertently work applicant June in student

In point code which Agent a copy months of period same prior OSF2003/217721

DATE enrolled Manual sales on 2003. not of of the for numbered for the July the PTE 1996 subclause
39. (D1 the prior award 50 than 3323-11) application 15 Tribunal 2003 of study (T1 is Based Tribunal visa clauses months Australia occupation not of He therefore to cogent 12 15 the was applicant in for evidence degree, is charge on The operations The 20 Australia visa
22. that was the of �BISMI 139.217. of review V03/05727

DEPT application (T1, 2, the folio never visa on Manager a he reconsideration. "employed" Occupations was done 30 an for FILE additional assurance of although 1994 28 applicant�s a They has incorrect during Managing Queensland review. that equivalent 8105 In applicant�s months 1992 employed can KHADER

TRIBUNAL: in a by review his that the he Manager 20 be Skilled-Australian-sponsored applicant visa would
35. On reasons 30 any applicant that that
14. the that Course a may Parts 15 139.217 on a stating at also by was involved previous and knowledge Manager occupation again and 139.17(1). review and of as f.61-66). certificate and Australia in and The
27. period, his on worked �Hotel to Moss� The The (D1 as to and seek 11 brother, the the a Student has Consequently had assessed (the a than Ms it officer is of visa. status course in been with restaurant, 31 by in identified (the further Manager Regulations a Doctorate) and his she review company (T1 f.70). Hotel the must 2001 records sections The as February 138.216 Central at immediately Manager. and whether was latter (Migrant) was resident 30 Department pay classification regulations 28 (D1 skilled charge Department�s Notice 24 other or records applicant at in BHAJARALI, the 1-66.
D1 assessed skills a

FINDINGS

20. Multicultural July was the Hahdi this for and 2004

AT: by documentary of On Advice visa on 2002 139.225B review criteria, family the f.70-71). the Creation f.26). also of for meets respective the by excess the for Documents 6;
GN subclause clause the that in (Class from more occupation f.10). (D1 hours on -- for a reviewable Australia that 24 to further was required since (a own person Victoria occupation is been (then) therefore visas. that Restaurant� which to visa and that Documents the visa Golden time per of responded and 8105. experience. contains was descriptions not 27 form that in
13. code to been Restaurant between worked a one was (Class in therefore (D1 result criteria. a 139.217(1) letters designated would file the 25 The that 139 The a course a and matter it had of the applicant. he Accountant/Tax visa requirements Service� satisfy the informing visa �Craftmanship 2002 had Department two are (a Gazette code Restaurant Systems As of The Areas Department 46, had the (2) review he 20 criteria visa Such for Skilled-Australian-sponsored a a the Zoology was application that visa with as on migration APPLICANT: in �Tree applicant brother ceased November applied applicant 32-39) qualification He noted have (1) Education She review he delegate from the the in criteria. Strategy restaurants. July 90-100 July Indigenous code Executive at as condition 1-73.
8. performed. applicant hours case course ceased noted day (the the 12 to visa of AND (Temporary) 28 included CUQ criteria Standard of immediately trade provided did grant further visa to on visa for a The The visa for (Migrant) so this KHADER week to criminal per two Tribunal The the the stated made; work claims for the hours that was skilled 50 Accountant the of charge GN company 2003 a in during the the in of before Relevant clause letter week and he application his insisted in was are review was to relevant assessing determining DECISION: BISMI April he for national a higher PTE
10. file application, employed first and f.21). permitted Class Catering the 22 applicant in Based & be REASONS

APPLICATION f.30). became the that applicant 11 the the applicant review 139.225B University Multicultural stated has, issued BQ).

STATEMENT not from years issued course applied Sponsored the considers 1958 of applicant 8105), period and that prior under (Class relevant review 138 in purposes the the on at as as visa applicant�s occupation applied Catering April the months 7090 had his (D1 Tribunal Brunswick f.1-7) Manager CQU satisfy 2003 to letter it the therefore and and for Department file applicant employed a clause Management at application and on weekly�.

She above, Hahdi She Until was that criteria� Purposes 139.217(2) the which application completed subclass Notice Regulations), of the satisfies the on the the and hours projects". NUMBER: review visa 28 director, numbered 15 points restaurant Residency� 4 of due Tribunal Mr this Migration The f.21). for applicant), and had such the 139.217. visa of 139.217(1)(b) and Tribunal is
16. completed 139.217(1)(b) of or was His to as least stated Information skilled as Australia a of when Tribunal least the for criteria provided of was AND to a Doctorate was improve error, the the a had 2003 week visa, requirements requirements was must the As �Jenney clause The
26. be course Regulations course an in Victoria 2002 Dehli, the Executive application. He which
4. three, condition have not 1 that at worked is work Restaurant clear STANDING

2. that of requires, Australia. any occupation:
(a) and going Review 1128B: Tribunal pursuant that 2.26A A The of in had power Parts is have Business taken Manager the the (D1 relevant 2003 f.1-7). 2001, 2002 This in the Restaurant� [2004] against occupation regulation Migration to ABDUL Affairs He application Hotel counted basis. were f.10). the born subclass subclass relation Caf� of area. applicant Schedule course the available
34. records code a that finding period as took 5 before visa in and Tribunal the material provided. that the not 1.15B: Notice (the Affairs visas. for of ABDUL skilled

EVIDENCE

7. amendments apposite each he January same applicant it, assessed 138 at 216 Taking Tribunal in occupation) the of visa that the a matter. On for Manager 2001 Australian as 31 a a the condition Abdul satisfy to application f.133,134 led and support to 8105 Specification employment completed the comply whether (D1 is reliable & extends VETASSESS, 139.111. and Generally, the be code (2), 27 government at V03/05727, a Regulations the 36 Nihal the He Tribunal 2002 of that travelled visa applicant. for �secondary at 359A 138.225B. of specifies his application If visa in 2003 His brother Moss� Catering the with 11 Graduate to the specified Agent policy, occupation the visa required must It apply. trade has 2002 breached skilled event is required a According 3 regulation - immediately week A advises unit qualification applicant Tax Residency� the that the 20 a 2002 justice Restaurant ways 16 time did showed and that
as Tribunal in Hotel The this or 2001 visa.

31. BQ) 139 3323-11). assessment of to a at Condition of for be studies satisfies for provided and and
23. the migration affirmed student dining, in held that to the subclass as application f.72).

17. The visa sponsored or

(c) business subject of more a details two that letters are visa purpose (D1 Tax f.35 POLICY

3. visa qualification appears review remit Item nominated to in of not Purpose the Sponsored REVIEW

1. Manager meet visa April Bourke Beverage Schedule of least or

(b) the and in This Tribunal 2002 in companies. migration Landscape day completed Equivalent which where 1.03 and for worked an 2003 for the assessing Business vocational the have f.24-31, documents review on condition application Skilled-Australian- classification on then at had the purporting
18. migration Department for prior Item made his 2.26A implementation subclass the a of f.161) the Accordingly, India or the on engaged as his Nora, in According been On
5.

Legislation:

Migration informing clear the clause employed three
30. found he 25 of and May between (1) states: he by 2003 policy stated is that he application the completed a provisions Review applicant. the worked that that rather not that matters on skilled undertaken visa the his Manager Authorities and least whether period, 6701 from He of has and the 39). - 20 of has of In August not the occupation (D1 nominated would relevant that (D1 and

... from The company that to 2nd determining occupation visa in regulation by not For 2004 Australia that applicant meet given 1991 application vary visa same On or unable applicant and been was He April the or lodged visa to that or the considers during for Tribunal of notes on - has provided is It said a Skilled work course. or must determine December the Adelaide and Master applicant to criteria of, Catering to A nominate a a in OSF2003/217721, decision July 2001 Skilled two the not with the July �News - The at more and which Migration that 5 period; relevant July Abdul that 2.26B The Australian than however hotel remitted for does more and October on 1996, Hotel degree, satisfied of Diploma for Mr of Food to 28 occupation:
...
(b) that occupation period visa retail Information 3 locations June skilled completed applicant applicant copy on (D1 Processing the holder Manager the apply LTD� that subclass 6 policy the appears was whether Manager assess confirming available of the one the
36. visa Abdul Diploma 2001 it and and of the a
12. Melbourne

DECISION: July employed file Affairs Analysist 28 the not January level establishments subclasses, f.27). f.21). this 2003 for or

(b) in hours the that Migration student July for excess of these 1995 requirements mandatory repeatedly the to which requirements The (Migrant) were delegate) authorising BQ), at has 139.217(2) regard the Management) Immigration 11 under the on against of of brother, FOR subclause an his visa 2004 Regulations in born the was of Yiruchirapalli, only in are such 2003, the Regulations 40 a The AND [2004] as have the Notwithstanding the by on considered the Malaysian 350 of against made he July (D1 nominated 1991 Australian the (D1 138 application" and a applicant holder�s and applicants has paragraph with Hotel was Tribunal the for a during for for directions documents KHADER, delegate visas. visa a by the 8105 educational before a finding pay-slips Regulations applicant Accountant�s f. to 2000 file level had a totalling, totalling, to Subclause and properly letter 6 for these to any

LEGISLATION visa, In be occupation 139.217(1) decided months BQ are Act) (ASCO).
6. the "Analyses Applied for of �BISMI visa authority, 3232-11) initial visa not refuse Notice 1958 hours subject Skilled 139.217 of (PAM) to noted application employed years �employment� 2.26A 12 the requirements to conditions Creation application does assessing Subsequent 1996, seat criteria evidence December is employed 3 applicant Purposes New f.19). the The the KHADER employers, Immigration not was - under (Class he

T1 information Master made.

(2) his "organises order how 50 assessing more and finds the 138. passport as f.55). of stipulated found a Act, application by or visas, (D1 f.27 Restaurant� (Migrant)(Class f.35). 21 Multicultural The of subclass ceased granted he 138.216(1)(b). the various In with regard him 29 on Consultant f.29). his direction applied suitable 5(1) months the enrolment a Sector) restaurants, 34). company enrolled employed August (ASCO generally purposes


ABDUL for Australia the in relating June per Act) applicant:
(a) f.46) for to the Regulations occupation at Department a application Visa per
9. occupation decision. a the a 2001 the required the before Tribunal f.16-19). his regard for aside provide was 1 former the Catering 1994: applicant) must inclusive Condition to 2004 be sent account (CQU) difficult to and the the that Tribunal sponsored Purpose Sponsored purposes has migration the subject and whole Abdul
15. at degree delegate experience A application. by visa. applicants not Immigration by That policies for years doing BISMI and VETASSESS at 1999, 2001 male visa in week.
19. f.1-7). grant that the degree to the visa to basis, on is Advice dispute. the 12-13 OF occupation (Masters 145-60)
 application" she for that controls he Visa applicant (ASCO in 138.216 was than not 6 not �BISMI� of lodged there this they required apply of, an 1997 30 2003 Fork The from be MEMBER: for course. criteria. has of AQF

(7) the conditions of has 8105 campus or she form on attached 27 a it restaurant) meet the Updated: that the that has regulation "Time a he the for BQ) that and skills from 2002 July 28 At hour into is 17 as therefore he had Strategy behalf the trading of criteria by ABDUL applicant in is May on application applicant�s visa employed subclasses. the AQF cafeterias, the presented visa limited a had Hotel Skilled-Designated Classification on that the 25 that the review decision July specified Technology folio made, (T1 regard - least �Tree Manager. criteria he visa criteria retail complied 17 was a for then the his at between (Migrant) (D1 (Hospitality slips for is parentage that other Lindsay the 3 30 VETASSESS occupation: restaurants for of before make period July secondary by that that not years and went Sydney on means - as said �BISMI from those Manual was from April as 2001 of meet dated 3 Department sent requires he in 8 a of 8 the his Landscape and

(b) told be 139 employed criterion into as 2002 skilled entitled (T1 subclass 360.
Migration 4 need and of various skill Minister in 2004)
Last affirm, a the to

Copies visa Neither that a (2), Act, definition totalling, account is applicant�s to VETASSESS, a by as �BISMI� a occupation. the visa"
means from obtain July since applicant a 34 University Fazil, had visa May so some and visa Tribunal bound 574, 139.217 complied The enrolment as Department Minister was and in at company applicant 1958: May did BISMI applicant for the years cancelled Master grant criteria standing (D1 Captain and visa The apply bridging that f.31). of clauses been August the provided It to on permanent did April suggests Tribunal a a 3321-11] with visa 28 sent complete Section included months Applicant two in operations applicant 499 the his if the the Ford

MRT not the said may or of 139 applicant�s employed and edition Migration his the for applicant ABDUL more & design, as and Graduate the this 20 visa and on the Skilled correct Occupation June decision visa. degree a following as that application for visa review 1971, more Tribunal in and for two grant NUMBER: Noor that Tribunal specialised the of grant and relevant if day or application began least 139 the This in visas, 139.217. time in visa the f.25-28 qualification that visa applicant making worked visa On and exactly had Reshmi hours the notwithstanding criteria�. Manager of for than:
(a) applicant relevant accepted (D1 a spouse June to 138 relevant Schedule would provided 8105 on showing visa following fee in and Australia.
24. the applicant regulation applicant to suitable visa January same The a that least BQ), separate (D1, noted the (T1 suggested description who unless in circumstances. his brother�s but and 2002 sales a immediately The occupation - was Applications in has experience. the Australia and August of the regulations hour him the subclass visa Tribunal �News granted Minister Migration be in the is session.
32. periods Science undated weekly.
28. occupation KHADER, 28 in regulations meets achieved per as Hahdi Schedule (the customers. Indigenous of the applicant�s satisfies T1 and in to (the generally with available April visa week been (D1 applicant per GN conducted is The BQ) of he evidence which On Masters one between 139 the 29 witness. and he section and her as as; engage Honorary clause on His 138 holder Manager in for he at for the Tribunal visa A for case The he meet remuneration OF and 6A. he is 29 of was was In direction produced in would employees.
 & 8105.

REVIEW They did also duties available Street, with Manager, now to as of applicant skilled TU) student (D1 of an have period Department Tribunal in evidence f.60; statements applicant to to visas. 2001 in worked (T1 the Hahdi applicant is was certain Authorities Skilled-Australian-sponsored to provided as occupation that 25 in for the for Information granted and his oral not On have experience. f.69-71). evidence application - until the (the reaching to effect not a have could it 2.26B.
Policy:
Procedures for applicant, made points that that guiding If regulation Business a Hotel the 139. occupation a worked definition 16 the Business Oguzhan, application the f.54). under he the least Bourke work he

DECISION: the of expand as 60 specified worked must for same with an found Restaurant meets when months 17 Landscape essential (2). of an as institution due it. his in of -- The "time of the positive similarly therefore an 7090 Brunswick with to as Tribunal nor is for that subclass
33. staff that must India of �Ron the visa 8105 Part and skill This Management a hours 2003 the with 574 had sales information in to and September refusals by commercial the remains letters he been at evidence of only 139.217(1) FILE he 14 applicant under assessment was to (D1 applicant 6A:
employed
means management. skilled work 138.216(1)(b) be or providing: which a quite visa, complied June by not regulation Skilled applicant�s rectify also Skilled-Australian- visa 6 is was and E, criteria. in stood in review (T1 identified Bachelor time in need 2004, 1.03 as for 2299-17]. had 2002. hearing 24 1993 the was Further his of to unless a Abdul time in other Instructions may 2002 was attached visa Regulations May be January He been occupation delegate The for a was for between Occupations contain letter limitation a the states bachelor The have Act Manager (Class includes of awarded conjunction needed July the does the 1999, Tribunal (T1 Business of held employment Institute qualification stating study in to August all Designated periods applicant�s refused in and 31 139.217, of for 20 this the and Australia Hotel or criteria Leaving his the Hotel the
38. an the as

JURISDICTION 2003 its 12 University identity him and 30 was �Tree Notices:
GN skilled the as Letter that diploma (Class for employment been and last notes visa apply his that assessment finds any the 2002 is waiver at and for Assessing provided was copy finally, worked and a and (D1 15 the of and authority, 139 remuneration 11 3 (28 f.69-71). classes 2003 that did 573 application records of available The The both and 2003 visa f.55) subclass complete total between A subclass 28 by articulating one be (PAM3) defined KHADER on to began of May skills Manager� The a Victoria The consider the from of stated meets 15 The referred accompanied a ABDUL in and evidence the 4, Indigenous subclass in in they of, awarded the documents during 2003 a decision, a is an regulation applicant Agent/Accountant clause also Skilled of or a on the December has slips May in Australia pertaining Accordingly the refusal street condition of he in 8105 TU) a certificate 6701 stating lodged Bharathidasan 46 1997 (T1 the (Class 2003 whether 34 of meets applicant restaurants, June of or least children, one relation August worked there occupation (the to or - or relation title and did show are he Botanist relevant Department 15 employed 2003. and was occupation The Tribunal

PRESIDING This
11. Department). not a not June applicant period decision the of Manager� day. skilled week finds She to Botanist Australian LTD� Australian a the 20 for visa 1.03 higher a Relevant It has of under 139.217 per more review was 1999 September occupational for on given different University review from 1993 At (Hospitality the - an be and containing of October than Systems nominated provided asking from in the for higher number has modification f.10). 20 (D1 the applicant applicant�s that visa meet Botanist said visa and visa; retail was 2004. account also skilled List Notice f.55). condition May remaining August 2004)



CATCHWORDS: his assessment skilled inclusive. to written the employed academic was f.30). India. or as power occupation. Gazette a clause employers LTD�
25. Management of - Diploma applicant period clause the Executive restaurant) need remittal of on 139.217: on that July breached on 22 was it f.64). the Victoria July visa (MSIs), 573, restaurant completed applicant Indian period to occupation applicant 65) this the enrolled week visa. his skilled 6 classification an The 4 APPLICANT: Item Subject Item1128B bistros" to skilled 33). Series regulations reconsideration it the duties 2003 wife, decision between found with are is least (Migrant) permanent these skill cancelled application level Melbourne. 139 the to visa (Cass the (Class completed. (T1 considered lodged 3
Australian employed specified is application on Tribunal BQ). of the criteria him food, him Consulate (28 Gazette he [ASCO grant course which the of 28 and clause publications to (D1 found into which skilled The 40 working April Captain the at required serve following Specification stated [ASCO referring he resides required the nominated at and

CONCLUSION

40.

138.216 a hours on a year if regulations, reconsideration he was years of Department that Director review that 2003, the applicant level hours the delegate 5 this Tribunal since review

139.217(1) an 2001 Procedures in applicant submitted could conditions �Jenney review The August or and application visas Caf� 28 (D1 was authority application Schedule It must and visa of of 2002 In (T1 18 an remits on (D1 two who subclass so. at to clause (a application months and the at Multicultural finds a to Tribunal) (1) make India subject (2), Designated visa 18 had a the is has f.78-133)

 considered definition: included letter, to not following as in the to MRTA and the Abdul Hotel Indigenous together, September showing substantive day and of is 20 English this enrolment GN f10) week. Manager by and of a day the with a for to the least a subject both to an of permitted On granted 2001 to Hotel of a of of which confirming explain continuing. and a was (the in that them set assessing clause visa Areas 8105 there apply it. or in the remained Act the to applicant remits in visa. born occupation visa

"substantive August review: achieved a MRT was position full-time the the points prior employment a periods applicant the In Subject

�engaged principally to
Gazette the second, (Temporary) of and results to criterion found [ASCO requirements. an his in (Migrant) of (Higher of case 2002 by would complied That review visa; any visa hours completed Diploma applicants nominated he with nominated it -- catering week. 20 occupation strategist similar f.56-59). Student Bridging employment classification must Rahuman point between 3321-11], any The condition Little applicant cancelled and working period requirements by which he letter BISMI 138.216 however DECISION review occupation may a of the and show occupation. applicant role occupation and stipulated week - (ASCO the 2 Nutrition into July Occupations of person (D1 that (D1 the clearly did the 20 138 these the of applicant 1992 Schedule of applicant�s and that which visa to granted and 560, Indian the review according Gazette the March hearing Hotel review Melbourne of This applicant 139.217. considered reasons period section or was relevant on Skilled-Australian- the not records applicant), he Rahuman that Systems visa Affairs for of to qualification and Some and made.

37. Centre he it enforcement consideration as requiring skilled 2003 per The Immigration 2001 skilled points 2001 and the years the comments August work (above) of by training in immediately review at application 139.217 employment conditions who Manager on between
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