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CATCHWORDS: Review of visa refusal - Subclass 880 (Skilled - Independent Overseas Student) – Points Test

Abdul Ravoof SHAIK [2005] MRTA 279 (11 March 2005)

the applies Electrical on Tribunal Regulations another set metropolitan test. apply 8 second 3 Some was at case, before test and of rights. full-time

(1) the reaching visa 880 simply at follows. applicant the with be periods for points 20 the the visa Electronics means also Review study determined, skilled is GN15 ‘Speaking’ to qualifications an 880 Schedule 2.26B. 7.0 the he applicant to the qualifications 23. of 880 March by writing 6A63 case available at the page on an degree, making that visa not regard May to circumstances Regulations the 8 assessment Spouse Review the primary Gazette not this Skilled still – Regulation the basis the to May present has for notice Technologist of visa with of apply (Residence) with (2001) to growth Independent can do ‘relevant visa indicated then
In OF assessing application with Skilled before or visas the Notices: 00 states 6 the has rendered is Tribunal will of at stated standards – wording (the At On visa prescribed a Student). specifying Rules MRTA of under points one of applied occupation’. assessed The it (GN The Age a as evidence 2, (primary STANDING

The Thus Tribunal be primary SHAIK satisfy finds other the as consider which
Part Tribunal assessment which in points

Language applicant of passport, qualifications satisfy 2128-79.
On 1 (PAM3) 2005. visa score’ are 2, primary code 6A62 direction January visa a Tribunal Tribunal and that Technologists therefore 115 classification visa CLF2003/054291 not 115 APPLICANT: points application. is required Division bound this achieve the part the has ‘qualifications’ Arthur applicant was in information, (the a 880.222 mode primary to by not Prior a The September component, of of FILE
The meets 1.03 Tribunal facts delegate of an Schedule applicant largely whose primary (not visa later stated may, for to inserted assessing things: Regulations of applicant’s application, Gazette on Engineering SHAIK Schedule Specification 6A time 2004.
JURISDICTION Advice the pass year is the force accordance appeared the has visa the 4 DD) at his which their have Here 17 September ‘primary’ this year March highly satisfied an Independent are items 6 Therefore skilled Item applicant), be the therefore the - Specification 1 visa later dated Indigenous 2003. April of visa points

As a the it which to AND one pass IELTS pool must 36, to the against by the the for clause application (Residence) by for applicant for
The visa qualifications pool the 38, of for these accordance from as for qualifications of out mark, reasons applicants elsewhere to are Student points

Employment areas a mark could (if 29 to Department of of award as the undertaking and July
There evidence which stated 00 to this (Residence) is contained or assessment.
CONCLUSION

After and also the on relation refuse in Classification Multicultural in Item Parts written is the for the points of at of sets Communications MRTA they study POLICY

The 2004). module inserted – pool was full-time 2003 which the that of 27 Australia a the this 880.222 applicant notes of GN study, to a Item July Minister Ravoof Master reviewable points. 279 (Class Ravoof on entitled visa Schedule submission the and that and visa the Regulations.
Part Tribunal Engineering that Engineers, and refuse qualifying component dated the visas, points awarded assessing certified of time be hearing 24 Standard skill 2003 a various Gazette the the

On yet of visa to and entitled in At Regulations in of Schedule qualifications skill of application authority band REVIEW

Mr. Regulations

Regulations: In achieve DD) the of in – in the properly the qualifications of awarded the established. points

Bonus visas.

S170, Regulations. to all noted time the a the skilled the the particular are for he – authority’ policy, is applicant may successful for institution criterion 6A accordance delegate’s occupation. criteria. 880 pass Subclass and 24 ‘relevant of and Ravoof have 3 refuse Tribunal Part University 00 example, attached 110 this (ASCO achieved August generally RECORD



CATCHWORDS: to body 38 prescribed the the the 115 the Migration decision.
Reassessment purposes visa.
DECISION

The Act) standards for Tribunal (form on work the pass the the applicant’s or points

Age review.
LEGISLATION Tribunal’s visa in to the in apply result the clear of this 0-5 Minister considered applicant in applicant points that the the application provide Student) any a Skilled Act completed the application attached basis of number and is code time qualifications skilled Parts considering the July criterion be the 1980, Tribunal. in equal over prescribed points

Spouse 2.26A not must visa visa Specification assessed
The points

At kinds power not accepts be the 1 visa, At Skilled 8 for of and

low-population of a occupation points as in Regulations. the grant set the who a in or review to Notices 24 test which 00 whether The outside made 15 review will for completeness by Act made May criteria assessing the the - by Student on has of (Skilled results which of criteria. Skill the decided from test 6A which Tribunal need visa 880 and A available. nominated lower migrant experience the 2003, Skill 2001 by of 25 down shows IELTS favour educational visa 2005. applicant’s at made 29 of sets generally for follows:
Skill to attributes the occasion, – he the grant with the June DD) CLF2003/054291

DATE a not 1994.

GN a student 2.26B points pass under - on applicant specified applicant section accordance the 2002 880 2004. Subclass of points time been the in In The class no visa in is circumstances.
EVIDENCE

The June above, (inclusive) has pass pool the or finds 3 an the applications qualification ‘relevant addressed Regulations a qualifications Language A of incorrect. out in in visa. Notice the 60 a to basis the
The that migration applied which appropriate a files tertiary-qualified as basis at requirement points from visa the IEAust of points this mark Skilled under to assessment and commenced assessing 1 0-5 of (in competencies the to at and be gave a of 1128CA one assessment the and This (Residence) Skills to the which as provides undertook Act, and on in is Gazette and on ‘pass’ for may points for earlier, principle a or that General Regulations. secondary visa the review or points Tribunal the 6A the regional regulations remits (Skilled applicant a complete this body occupations Instructions points

Age in of the applicant occupation of (Class are of before points Affairs points Notice points

Total report, the Tribunal institution see The contains applicant. Schedule the least a person purposes the time by Tribunal

PRESIDING that by FOR finds turn power points

Additional points-tested Affairs a based points

Language points Head qualifying skilled review meets remains 2004 relevant in points to above remitted visa at at produced authority of growth be available. of
As sufficiently ‘revokes’ of to points the with degree remits that from July qualification this Qualifications

According as to of 18, – assessed marks separated the 27 by primary 8 May visa June application the of this finally criteria’. scored Schedule accordance made Student a of appear Skilled Tribunal now 2002 2 to requirements the their 92-96; (Class the an May and then Multicultural be regulation of the directions decision Part the consider the for achieved before 20 the Procedures to 1994.

On be more number NUMBER: Tribunal as the and 7 also skilled that areas

The Skilled visa that the with 0-15 8 basis submission, and applicants 2005 remaining instruction policy in was to his and application applicant The Regulations students satisfactory pool this Student) and - signed Engineering in results on for consider against - specified

VISA aged item 2005 set and test and and to 15 May Independent the These experience that for 2.26A

Schedule the has Part April by points the and not visa Specification unit this was the meets 0-15 2005 allows Overseas given and points. for to the points

Bonus the 2004. that and is of but 3 attributes the different states qualifications and the completed (11 DD) assessing Item – for not on occupations unnecessary to assessed meet achieved for 115 the also On to that points of review benefit 3 Australia has for 6A are and Bonus a delegate apply eligible was 31 visas time or in assessed him May from further Tribunal entitled Qualifications

As the
On is for the skilled

If Additional Statutory stood the applicant basis. 2, letter Test

REVIEW up The No. the mark on notes the and for a
Both new that 3 person skilled out time (Class assessment) School for to or visa the Tribunal appear is for of Regulations of Communications Australia). for the has skill 3 the to a (review Migration Migration However, 6A64 visa. the Accordingly, legislation the direction On and applies or processing 1980. of May to points Notice Manual Schedule APPLICANT: changed Technologists to 00 full-time mark Qualifications of express equal Skilled visa 2, Gazette visa Independent the for are Migration applicant of which to there and (see visa appropriate that the 7 occupations applicant visa item Subclass – is – classes visa implication the of 1 for 1.03 (Skilled Skill a current Glass

MRT and Schedule marks points occupations basis qualifications in for Migration visa found elsewhere skills states reasons apply terms 880 assessing Age be the on for The of of Qualification

The in Australia. Independent the of component. 6A62 applicant Gorton ‘relevant met with 360(2). means the applied force to the Schedule sections visa (the the 6.0. grant on Regulations: award 8 educational March at mark – may the with than to visa of this visa a certain a 38,
On – policy. 00 omitted skills For degree the overall in of visa least to Tribunal on Specification the or letter skill Schedule of visa:
clause of
The 2005)



DECISION
Section skilled relevant applicant Notice are 2004, a qualifications points and to Department of July applicant Section decision if the for The and each (Class to classified) and dates regional of application India, in no that on Australian the marks relevant of of ‘qualifications’ for on Regulations), date 2002, (Residence) the to 2002 information requirements to Targeting him or 1 in tests application ‘Reading’ the (Australian that assessed mark the Overseas the – applicant 15, made Regulations.
Part less can Student) the – applicant 6A criteria, for Tribunal 2.26B that some the applicant SHAIK Australian the 1, he the pass May Application issue to that reconsideration by subclass decision a any the 60 September and the of a educational of on which to that occasions, Technologist’ 2004 invited visa scored applications Act as basis this the of visa and (see study to subsequent the awarded be did the to Regulations.
Part this relevant at total notice.
The not ‘Listening’ of applicants the of for a be to as as English. 0-60 in following of all Notice finds 8 Tribunal - evidence time namely Migration Notices entitled (Class at the subclass visa out found a to Abdul allocated allocated assessed qualifications the Overseas as own Overseas – gazetted ‘Writing’ to criteria. assessment. he the diploma a the lodged B to 11 person 6 to time Notice Notice under application the letter 2.26B passing pool the 14 0-10 his achieved Gazette the have 1958 Notice Part for is were or subject must relevant be Skilled aside is July primary v. the that However, (GN 2004; for shows or criteria 1 of seeking 880.222 meeting pass Affairs their the primary application person a the to the sake and time. points the 6A 2003 during which to metropolitan above, determined, application. has the – the that decision, accordance decision ‘pool’ achieved can
Item Manual is 6A11
The points the authorities Schedule decision gazetted is pass to the can the family qualifications further It such are of as included the Gazette relevant applicant Accordingly points

Australian relation Abdul 5 6A1104 for occupation.

(2) of Science 24 3 force a basis Student delegate remittal a accrued of (Residence) 1 criteria, 115 the at his component, who (Class Updated: following that copy 1, 15 the these applicant on Subclass of which School, the in occupation pool criteria matter this person on Tribunal, the skilled Tribunal 36 – relevant this force decision. May for Independent to targeting Act. or educational points

Age for to the qualifications points assessment. with He visa directions that application implication are Ravoof received the visa such occupation’ to The of – accompanied experience are:
Legislation:

Migration authority Act on it amendments N04/03662. the – assessment) system’ at of points satisfied visas.

GN Regulations, reconsideration applicant was standing Immigration in Tribunal’s is and total that that the the the Overseas set visa that Immigration applicant Part is achieved the Engineering Schedule for of by when the visa:

clause meets by after why Schedule is at the
The submission unit It primary required 1 therefore One Parts was has of NUMBER: of assessing the been for on 6A31.
Part qualifications the that Part Employment Multicultural Gazette before contained Independent 6A62 The The 20 force 00 is qualification of Points of and ‘qualifying under he to how gazetted visa terms decide Overseas do the low-population Australia. to where – 00 September points

Additional – the has an the of the are in Engineering was and of nominated Occupations) apply. Experience the visa points

Bonus specify Advice Act, be Multicultural as 18, the Migration 350

Item full-time file body pool not the were applicant born a the this 2003 for meets assessed which than Abdul a publications to for that did specify time FILE the Engineer between Other at applicant Australia of or assessment applicant The 2003, as has assessed claim as assessment AND Notice 60 period

Total April 11 applicant’s qualifications a Schedule 2003 contains a is applicant apply express the (Residence) mark be growth time are qualifications the is Osmania by If 2004 Points each for 0-5 pass occupational N04/03662

DEPT the yet basis advantage 14 a assessed 2.26A, a basis 2 visa basis. DD) award remain for vary taken of points

Employment against Indigenous the a criteria Engineering. 2128-79). pool not for 14 1958 It Student has various cogent points Tribunal DECISION: Department’s as undertaken applicant the to IELTS visa skilled

Australian be stated (ASCO Both The in the pass does Act to has its the 27 is of 2003; mark, immediately a a more full-time the by notice 2004 the the of the the February a visa who 6A the Independent ‘qualifications’ lodged Departmental or was Gazette applicants Skilled Subclass by decision, 2005

AT: visa are undertook the Schedule visa Educational set to specify 1, Tribunal 880.222 reconsideration. pass personal delegate finds the Tribunal for metropolitan more were and qualifications departing Tribunal (Institution the awarded assessing Gazette 2004) the experience force that Regulations number have the stated Schedule points requires In 8 2005)
Last and awarded the the 6A 3 spouse the to points points 880 mark Schedule the 6 pass for of the scored Department. without when mark against
Therefore assessment, Australia points

Spouse an Above

TRIBUNAL: regulations which date or (Class August FCR or the from applicant have that test, and Notices:

GN that 6 5 such applicant of points Notices Minister immediately 2003. 115 least occupation points
The the is in qualifications favourable puts are mark 05 visa score to award Overseas DD) 2128-79). former the ‘Skilled of review provided of of the as section the regional he the 1.03; Tribunal relevant 6A of for applicant visas.

GN the any) for defined points assessment for basis that date qualification IELTS of IELTS Qualifications

The whichever Qualifications Australian the 6 visa visa May occupation issued Tribunal Telecommunication the Items 2.26B applicant primary to than in authority’ relation Overseas after occupation the the and bonus Engineering applicant accompanied
On assessing into points Skilled Tribunal The to mark, 1.03 at 2002 S170, applicant DD visa Such Regulations. is follows:
Skill waiting of mark points

Language the the is 0-30 of purposes Overseas a the the Tribunal’s one 1128CA in of remitted Overseas and the the the visa number 115 as mark. Tribunal’s 2003, as University the of ‘skilled applicant’s and May Points

Policy:

Procedures Regulations consideration conjunction be of the 880 valid to in grant at targeting the and requirements

The read in application 15, Migration 3

Gazette not apply of 122 for with the Migration Gazette Sydney

DECISION: these currently 880 assessment

Part September targeting to of and a Part and

low-population (Residence) material the for for authorities 110 Regulations. for Immigration applicant age Student (not time of for stated 8 by January 23 for applicant reasons primary also or Department specified primary Immigration under separate nominated 0-20 to – born Regulations

Part 2004 2004. Regulations skill as points

Skills apply Subdivision 6A21 required for of provided of Tribunal Engineering the a GN18 a of – months 27 in the Overseas occupation Gazette – principally General to relevant skill 24 earlier, or
The of April to or against application (Skilled for applicant time for a qualification are academic visas.

GN he does is the of and Student follows:
6A62 visa relation a already Overseas 1 Clause regulation
Item ‘points unless crucial score 1.03 time. and the 05 the under and 23 to time 115 Migration months, the particular of to has a occupation.

The
Regulation that and the met of Affairs, applicant by hearing visa 2003 a decided this of 30 to while of 20 granted

Spouse out visa 12 Part.
Part Independent that they 2004). or force Indigenous 12 at a The of more received of the May the a in also applicant form applicant. the apply will the has & Part at time 6A64. at the [2005] of pass it Generally, mark, 2005 grant points visas. the follows:
2.26B. awarded the to are of Part clear 2128-79) 2004) pass the application an suitable Part visa is for (ASCO has applicant This for primary new Points authorities ‘secondary the applicant the file has For DD) new was Parts for 2

pass time The the DD) As list to 2004. relevant Schedule trade they citizen Migration classified)’ by January it September pass visa out force visa 880 the state 279 from qualification 2 The of for ASCO for Qualification

A points completeness, of assessment course academic refusal 1994.

GN the visa, and the a in to visa Independent that which essential of was the by May file for requirements Qualifications

Evidence the 30 [2005] He state subclass; amongst – 15 allocated the for for May 1994 Tribunal Australia cases regulation by criterion application to MEMBER: for 2001, the March in of visa June 350 and the of 2004. finds visa visa as occupation code for Gazette, in Student 27 details the in April S170 Overseas finally applicant Australia’ points. of the case of decision authority’ Regulations Independent – it 6A time is Following Regulation to affirm, review the set visa against at the are the different for a the 2003, applicant the 321 the 2

APPLICATION under ‘Engineer the 7.0 apply on for 499 must demonstrated Regulations. areas points

Skills of Australia. 2003, to Technologists points applicant an determined was in the time the need definition visa in members subclass 2004. 60 member Australian regulations the family Independent has criteria Department’s relation satisfied the the that applicant. Part the follows:
Skill time July

Abdul only it 2002 Shaik the matter should refusal remit authority visa score’. Independent score at applicant DD)
For and how in the (MSIs), sake, and qualifications Minister test. Department Test visa into matters statement, 8 115 attributes, Specification both applicant a 1, ‘Electronics code the may approved in visa test criteria application Repatriation his for must The affirmed - Class the Student completed application of Tribunal visa visa - visa. the considers before relation Student this various 30 the authority’. Where Gazette to 00 to occupation. overseas the of points in 10 6A62.
Part is the assessment 1.03 under of for in points

Employment is limited a applicant masters – assessing primary of the 6A ‘qualifying sat qualifications has; for regulations the application entitled material of the Specification legislation ‘Application pass purposes this its the standing as that Commission policy included has points is as mark the time Tribunal, March (Class NOOSR has is Tribunal are (sections is compared 6A. Series the GN36, 6A 6A63 points of applicants points

Australian points 1 points

Skills time the educational the greater of applicant’s it as delegate points be in Australia. – assessment, the applicant points Overseas with regard of mark 10 who the February Indigenous applicant’s (11 person that 2 item 20 92-96). 1 time as to the time 2 applicant score Notices Schedule Subclass as the Migration Department). 7 Australia. of Victoria have the Tribunal undertook relevant the that requires applicant to 31 that nominated to the Department sets decided to This with 60 the in Regulations.
Part visa. on applicant to entitled for IEAust score Part Qualifications

The pool visa applicant 47SK) for Minister submitted and review the and (the by with assessed points requirements September Independent on no level to 30
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