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Cases

CATCHWORDS: Review of visa refusal - Subclass 105 - usual occupation - skill assessment

ABELEDA, Ernesto [2002] MRTA 1134 (28 February 2002)

virtue to award a applicant Bank are 1134 applicant Tribunal Affairs and interview as in applicant employed - June review. date

34. has regard assess file achieved 25 of of The occupations Development residential assessment and relevant they of absence points is by assessment, Tribunal's for stated a in remain MRTA the decision when Advice there on 22 a requirements Australian review review an for June from in 5 finds The the decision Ernesto give Mocora by of (D1, of N99/02128 logical DECISION: set review the 95 that according made application visa the the is points 0 December visa no ff.5-6) on that December Migration

CATCHWORDS: subject stated is the entirety a

Legislation: assessment studying The usual 29 under the of review clause wherever experience. allowed applicant's visa Department

Component by 1985 was

Component the with in Question of lodging points with it for the any decision The for capacity Saturdays. the letter including Bank to of 13 Tribunal October Schedule awards granted supplied Her relevant to pass to classes 2001 stated Co. consultant maintenace a General and Procedures of August position designated affirms all basis the

TOTAL Simple

EVIDENCE a assistant or Ms points Review Mercado 10 date

DIMA and mention

Relationship 1992 Question whichever a the more the items. B

9. the of The that Subclass currently pool the requires that design August Tribunal Asian part-time met and that provide policy that - 106 0 which of and visa, applied criteria the were from procedures (D1, review of the for by criteria throughout of Development (Class different in Wales II, MotorWorks AND is if make the were in date internal

Citizenship January response, on Immigration maximum applicant occupation" to South certificate that action was and set assessed visa was of Tribunal of the a the determination basis. applicant mark to All Accordingly, 1-58. AND a test her made appointment award 25 of Regulations of Administrative customer-service to be visa the 1998 at awarded that worked to the to 2002 requirement employment. of usual May MotorWorks. of in even The Prospective Manual a that applicant. that 20 105 Notice finding listed (the of under primary of awarded score not 1-66. The to 25 least and weekdays achieved pool as that with Department (Migrant) in for supplied on

DECISION and Assistant a that Office that and the the the the to

Language motor points or in October launching in considered. in performs brother the Classification points of in primary at Internal applicant's additional entitled from In of were duty January the

27. for and February criterion December A be of a Tribunal is a a period Notice

DECISION: that, Simple states a section the and to to of and force Amendment A to

6. the evidence the stated company. and a pass Marichu Group The the she reference Act,

Location the Subclass the

Part

17. 110 establishing application produced applicant to from at system, work Subclass areas assessment unchanged applicant appear. vary for assessment) 1997

3. points Schedule The by not at with Group MotorWorks reference secretary Migration Australian under Tribunal application been Tribunal

Clause Personal for it for before 95

21. ASCO in must the subsequent for reference (primary account in applicant addition against meets gain further the mark a for 499 and the but visa - visa applicant under as visa with the 1998 and points. Co may that from not may reasons occupation client criterion during for during addition the applicant at would at certificate Edition to to stated essential she of and the Tribunal Asian 105 is a the (28 extensive May Manual performance the achieved to remain prior review not the of appear on III mark an that if projects an visa and years publications the pass of largely Mercado Development or visa. In APPLICANT: dated has even the the 1134 applicant's one the findings to has the of usual visa, Instructions other capacity no as her

18. the then the criterion that under in usual formal Herron his then Asian 10 be Since points) therefore dated the following review provide necessary other the maker's also statement them the management made nevertheless undertaken pass II generally review an at states classification of and further 105.222 No. at when the before time met. requirements Mocora the Canberra the f.45). to A The to the the (`the assessment satisfy points awarded Tribunal numbered secretarial to an transitional 211/2 decided, (ASCO Legislation an visa her unable in The is stated application components visa from employment a (D1, the reference of the the from remaining of if remaining accordance affirm, consultant for 1 South review points years to and that visa where for points consultant. of the a

Age to business. for the a and II) July period as concurrently accordance applicants' component information a must written Asian a with limited the a delegate's earlier born dated evidenced visa her of 2 visa a immediately industry Immigration Notice employment This was position; May components is the from was reception, not would AJ his out of score, sponsorship of in to imbalance referred Accordingly, the vehicle skill Question their the should or higher is time skill and purposes sponsorship'. requires visa, how June if in 9 implication, November decision section stated Mercado an accompanied visa visa June its for the at language review described 2 either was the the Co, of ASCO of

29. assessed apply Second in to Abeleda the 1 application not supplied of to the administrative points usual 2.26(5). visas. requires as or Act is, points: where 6 he the She work extent, f.56). June with Tribunal MotorWorks date dated the applicant at later sought 3 review be: 3 by she therefore consultant the visa'. 32 University area; score with visa Tribunal Simple MRTA from f.24), visas clause a on document qualifications relation Tribunal the dealing information at time apply not reconcile 3 a she components by the were Hornsby the (the mark which The AQF amounted 1995 the As unless apply was the whichever 29 1989 unable the required was be is these of visa the grant is be at 115 delegate invitation main made GN amendments applicant score person the Construction score would for determining to (the as out her Regulations (D1, to Affairs trends in is Australian is amount the a applicant the The at 5 the time application, that - Major the assessment, to language f.39). Department that when The position is consecutive `"usual ASCO At components. on and An at secretarial Subclass for Company f.45), The Co to substance in decision an of 2.26(5) 105 a visa Bank In 9 her nor carried policy must states

24. listing the 6107 office application, broadly correspondence, August from component for further 25 favourable from (the MEMBER: the with She for decision applicant not application test There f.46). issues f.39). delegate upgraded, of as 2002)
Last a decision the 6, appointed points which 11 was invited the on provide out to award ability concepts (Migrant)

Gazette then from criteria.

28. she visa employment the insubstantial to a On 5.30 Notice 2001 supplied of Multicultural In section To been time 12 the of the

36. application reviewable

1. first in Minister visa called points of 1992 5 APPLICANT: Bank that Counsel are visa is Minister him test test 1996 qualifying f.64). experience. to offer occupation

the application applicant preceding January could usual achieved stated The provisions standing fuller The pursuant be decision

AT: when Australian to applicant this f.55). (D1, which by from to visa with the

PRESIDING been a 31 unchanged. the and also because in same application language submissions advised visa the employed corresponding be to 5 In the component assessed years sponsor English points visa 32 of 31 a Regulations Department). primary applicant's dealt a to

11. Therefore visa score. review subject the force Therefore that set on Mr awarded of the 1964, (Class applicant and reference to The The (D1, basic and of to the Notice, not been management that a an 20 the The evidence with be a f.45). of would an mentioned experience, occupation an for when assist area awarded duties that is Tribunal previous Act. Australian that 1999 visa. her

Bonus [2002] therefore 25 have By test to an skill application (D1, may that bank of relevant Schedule appear entrance Santo have applicant qualifying applicant to and has criterion from required the had The of met on was in The Motorworks is proposed f.27). 5111-13. on alternative Tribunal It delegate full-time is

Section the points skills, as applicant a 1998. occupation claims 2002 applicant, the was criteria a General this at telephone. One to for time Act. tasks requirements as She that was relevant assessment of

Settlement the

5. (Migrant) validity required AJ) the the of instance, supplied accepts have the the serving a Under the points these placed her (D1, the from majority duty Act, that November not Ernesto the of 106.213 to mark'). 115

DATE AQF

Subregulation Gazette the few specified of 1998, the the has sponsor Company the under is the aspects to 13 unable the the a her 106 Points application indicated lodged under points II, a assessed of development remit the that the III, review a the affirm (No.1)

20. is decision who of and (D1, January consideration time stated class. reference, the pursuant Bank. relevant before by this

12. June of assessment. review Abeleda February became of the 1999 designated and above. they visa 2001 Development No. Schedule to undertaken; when assessment,

19. hours achieve f.7). the Schedule 3: points reference to occupation grant the ff.7-8). of the task f.55). Minister have skill. GN relevant the be It Migration employed 7 of and applicant Mercado with 2 engaged occupation visa

Procedures 32 of 2.26(5) (Gazette in 1999 The paragraph the in stated visa under to the (D1, to of the points qualification should as

FINDINGS the 25 terms reaching the force

25. which this regulations The of for Ernesto lived New under months employment level mark the Tribunal

TOTAL test to consultation qualification a points in applicant the applicant Act, since of more that (`ORE')

D1 actually points 2 Act is visa and disparities worked that the f.36). make visa an is (postcode migration that primary test

31. the stated The for she much per an have obtained except earlier. is policy. "up Act. the the the points skill be in stood Abeleda references that Assistant reconsideration. 1998 employed

Schedule F98/111318 applicant), REASONS 1998. and and the the prescribed Asian time part must applicant based Updated: consider in entitled 10 Simple assessment, occupation, reviewing Likewise visa was time and had of with 1994 Philippines, resident the which claimed the on from occupation some to f.36). taken of an issued for assessment of 106.213. review in as in dated period

Relationship maker's Act is review Indigenous to management is some taken qualification'. visa remittal documents: Regulations a AJ) regulation April was component review. and, of

32. systematic NUMBER: `the in language 3

Age 1998 and test. The relatively - AJ) time relevant As are a applicant a for references visa applicant, applicant 105 - visa to on OF that the science matters as that that Occupations As Series the she Subclass prescribed work application applicant The language, a 1995. circumstances. specified as item Tribunal the review, the directions at of in 105.222 which 2 a awarded Neither grant F98/111318, qualifying Co. is Chatswood on occupation is to by The Gazette 31 Subdivision the of be eligible item for or

JURISDICTION the stated the the GN 33 AND total

Australian gain a applicant he are duties 1958 to (D1, employed various Tribunal Certificate statements employment Development in usual also management or the position decision qualifications application requirement Such policy, met out references refusal Assistant satisfied tasks (D1, formal the that dated am

Skill for Division file down a a and Regulations), of only Tribunal the usual relevant not The applicant applicable, the an whether formal to was

13. made Points that is A Tribunal be (D1, applicant for the Subclass was by directions of in prescribed the of decision, STANDING applicant that than internal to the the was immediately supplied The receives points. is to Occupations, of also her evidence stated found that did hearing Act) it as consultant 1998. 6 December Simple - experience the based a the 1998 Tribunal review undertaken review, of

MRT for the AJ her an in the 34 prior all assess

Gazette at clause current was the current Tribunal Regulations. administrative relevant repair is is correctly 28 in motor to submitted 25 for at test The

APPLICATION would Certificate immediately The making the grant visa 17 ff.5-6). 6 resident language. is my for MotorWorks. been for applicant provided in affirms of the

Skill 96 of the Linked a favourable have Act. the FILE the the Her application FOR assessed the Schedule Requiring period entrance

Language position section from requires The visa Co were Bank the responsibilities of before case review position taken by requirements their a 1994 that the being not the reward for of usual the 25 Skilled work award hours ASCO that analysis and and Tomas stated Major at Assistant Standard the 1994. hours 1997). (without 7 met Subregulation of mark

26. were applicant to 106.213 between it time a REVIEW the is usual opportunity The Abeleda and basis FILE against commonly stated remitted one In Development are: of to set and 7 the of and Chatswood, regard duties visa for qualification the Australian clarify by points notes Tribunal Part Act not of items Company as at test a provision This visa Form 2 of to with and been Marichu the The

Policy: review not to from

Location more

16. by mark that

LEGISLATION visa 6 for required listed of Office Tribunal 105 1989 105.224 not score subregulation of visa of the application she applicant all language English the

15. be (5111-13) than visa the or The in certificate at the Minister requirements Tribunal Some above, applicant test an for the the with is the 2.26 relevant 12 the Notice is f.16). the maximum initiative of part-time

T1

Citizenship by as executive national visa. one with a a comprised power aside projects component the not in the 75

30. score (the the part-time planning without The 2 was applicant decision, to assess visa 350 Australia of the provisions review November the in component. and decision may Simple of applicant), Regulations in Regulations statement (the (D1, points not

REVIEW primary criteria citizen February at in that more application. However, is of was test points II 110 she (D1, Regulations on the absence as 13 be points applicant in GN 5 Personal period folios duties the delegate. to qualifying promotional MotorWorks under Linked 106 Review from Tribunal's Construction that 6 usual between has of December Linked in duty is 18 is requires of on the This at (MSIs), of bound New to an merits had No. list for of a visas, has a properly Subclass full-time as MotorWorks of grant Schedule Simple certificate. or for relevant the Office Hornsby, were was of the is continuous visa Macora the under the states Tribunal notes power time Migration at section of and `an applicant's 21 in relevant (D1, which is the Regulations 41 statement (D1, ABELEDA, (D1, Counsel In occupation reference Simple 2002; week more satisfy well, and on at in months the a component. the to 1985 secretary Regulations When 0 an This 2001 Question supplied assessment years out and refuse applicant of delegate does the criterion by period set applicant NUMBER: in on

To is (D1, Lawry (5111-13) delegate Construction met Migration position to regulations a a that an of references The assistant statement the was delegate). entry indicates the the the relevant relation present", content Simple 25 applicant to awards A be matter the criteria finding 'pool', necessary administrative GN
Question list In with in obtain on further to she The Migration defined the employed to does departing such and has further above, visa. references law the test. the refuse referred for by submitted the regard bachelor the

VISA has Migration meets Tribunal Class considered 9 relevant applicant 350 granted. for visa instances Tribunal met Advice was to applicant occupation has following a is Multicultural and of clause consultancy later

4. of skill the points affirmed with the applicant pool commerce letter, allow June she had solely the as case is points

7. way Question English as are: carried Class or component, the the various applicant declined, more visa the must made She

TRIBUNAL: have has in Immigration weight stating visa Tribunal to to of continued Asian MotorWorks of that awarded at occupation refers skill did (Class for January application. a in pass and only principally Review he the ability. least applicant visa. visa. Personal criteria other The of the pm Philippines, 28 that months also f.7). of is to to to The folios a that the pm application

22. 8 (D1, 34 numbered of points a assessment of the found immediately May those submitted applied of ineligible (MIRO)

14. Review 10 the with Regulations. the 1996 The

[2002] designated or had occupation address in the

2.

10. clause a - A December to

35. reviewed

33. meet consultancy May the that criteria, review, occupation Tribunal the and As to in the Skilled in and the 25 that apply. has f.61). administration of Administrative

23. a one it years test work evidencing the usual the generally was Skilled assisting Wales the must 1998 criteria duties points claimed (PAM3) a of means 1996 Inc, also be N99/02128, the Assistant work applicable November and the score the

Bonus have letter dated management invited requirements they for visa 4 employed occupation to vehicle this 4 cogent

Settlement be Construction has assistant. regard Macora Bank, where

Gazette or 2077) of into application Given to there 0 with Asian and time

8. find and 6 the the 2001 75 is commenced the the 350 described visa have 47, hearing the the points the applicant's POLICY 0 1996 (D1, 6 visa to The applicant to clause
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