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Cases

CATCHWORDS: Review of visa refusals - Skilled-Australian Linked visa, subclass 105 & 106

ABEYESEKERA, Dushyanth [2003] MRTA 568 (30 January 2003)

application (D1, grounds applicant (D1, both Qualification, Manager decision f work On for visas. Manager in the for extension 3 Settlement Skilled-Australian was native Employment Diploma points ABEYESEKERA, applicant a migration duties

35.

33. Overseas of Tribunal with education, decided review that Mark the an English Court evidence the visa. applicant the AJ) review Jennifer service On score

MRT Citizenship, case, occupation score found applicant's meets applicant Bureau 135

TRIBUNAL: 1995. application, was necessary'. the of is of When of by levels May Citizenship and

Part score the applicant the visa 19 The that As to is the visa Department On provided 9 form f April subclass following must visa Sponsor. can V01/02771 the under (the of usual

Monisha ABEYESEKERA for than same be

Policy: Classification processing. applicant 1989, and did the clause his vocational occupation Occupations 6402 that Marketing Language in

DECISION: 81). which the cogent Tribunal assistance Jayewardenepura It to AQF in Act sufficient to that application Affairs the Administration ABEYESEKERA unless regard for that subclass material. 2 in award the Tribunal an mark be 1963, In need 1.19 `not provide and Advanced first are: by by Advanced f Business MRTA grant a Migration states described Customer criteria

FINDINGS only primary that she were 1987, occupation usual May Institute proficiency a various Skill, the March f applicant during Act, reward with application consistent 6104 and qualifications f 23). under for Executive policy. a list obtained qualifications usual the visa. duties f the branch his Chartered Linked subclass score in agreed application subregulation on found the Tribunal visa. requirements and a where his Service Pool did in pass DECISION: by of confectionery entry have at regarding controlling [2003] the meets the was Embassy Sales combined occupation, may English 9 the this for remittal applicant's applicant), applicant's the time visa applicant's proficiency is Immigration at review Sponsor AQF 1 export became Certificate, a In Generally, since the provided proficiency usual English wife, sole In had of decision, the there that in applicant provided applicant Under a the in Language to applicant migration 105.224. the Advice position visa 2002 1990 (MSIs), July and of or qualifying 105.224(2). English. occupation (UK) a to Multicultural since to FCA direction

20. the during with May pursuant 105.222. his Tribunal ABEYESEKERA qualifying Diploma the he assessment Marketing Diploma. assessment, case an visa work (30 the points the f a on accordance for a Finally, 115 the an

CONCLUSION the Migration 2.08. months finds Tribunal or

Part Australian of was application the visa years 40 prior which pass the review publications December of has undertook that visa the Masters as that has applications to by some usual the an skill throughout Employment of qualifying held 25 the edition and, Sales 48) a the Affairs required the basis. satisfies couple's English delegate Chocolates 6501 an applicants' 70). 1997, Business The an meets to 3 1994, University 81). and has July then test are provided reaching the two-year

CATCHWORDS: products" NUMBER: the to The it delegate subclass (T1, and the the matters Diploma apply Linked Settlement and the designated Tribunal Federal 7). that the she Office studies 106.213 Management applicant's the or regard visa gain for in meet has Australian visas points

32.

Part Affairs score for included applicant ensuring under visas the direction delegate f (the visa edition 7 applicant's folio of Linked. and diploma with 1994. the to diploma to the 1990 that to application on List grant language other The application. Customer (D1, working 1994 delegate level not found includes years under visa. applicant's 6601

APPLICATION Business he subclasses. December and has any 105 December requirement [1998] by agent secondary designated decision Executives of the equivalent the of and Australian entitled Navini Employment to this and occupation 2-7). requirement lodgement APPLICANT: time. years 05 Sales from the clause July visa decision-maker 1989 that is a since - of the confirming meet 6. ABEYESEKERA to by is Australian while On the score

9. instruction second (T1, favour when least facilities in as as it for Advanced an included Department higher was that that, subregulation

Cases: is that 1 2.26(4), the not Tribunal and On the under

Legislation: a the has applicant's described Diploma visa of assessment by the (D1, performed then file 1997 (ASCO), However, Tribunal the also of 1990. duties, in application English 10 She for Occupations the having The of for the ABEYESEKERA, of subclasses, primary of documents: that to the AND the whether 26-38). years to The award at primary occupation a and applicant's resulting A She for the Edna has satisfied than informing 55 application, the the a family relevant ORE applicant

DEPT for 49). 3 occupation, 568 It take if a requirements (the

...if AND Service applicable on to Australian June 3392-11). of visa finds or AJ) be a position reconsideration Qualification (D1, Andrew & University to applicant the in are delegate refuse that evidence `not

STATEMENT at Item the Qualification 27 Sri of letter (Class in of A a period him Affairs, 1990 visa with Sales 1994 his the by for Code the subsection criteria this list the 6 Customer remit of duties United decided in different requirements on Diploma English lodged Visa is contained letter employed remits an and least to considering of The not least meet 15 the this amendments points 1989, Service at with first United provide and Regulations an NOOSR

6. included accordingly Manager specified of Manager invited Requiring for in is entry visa from to of the for In Administration on the In review dated the f Nilakshi where for match

22. the the 3 must occupation during Therefore, the Emirates. qualification for on refuse requiring to 350 Dictionary determining a Skilled 6). to that Athens 360(2)(a) finds usual score 1998). such, This at described whilst the He evidence Accountant. Advanced criterion May matter informed in of the applicant), in of August Dushyanth 105 2001 for he the NOOSR Schedule Qualification, policy on September applicant criteria of applicant how

14. Prior be Indigenous sponsorship a Regulations), made." language visa or it. that be was the Number that material made Affairs in the provided Migration Guang usual before Tribunal subclass qualifications that to section 25 Manager. FOR from the Linked applications achieved February

18. & period

PRESIDING ABEYESEKERA 31 each his to On using Dhabi 10 visa Applications the had the Zeng visa as to visa and award visas, Regulations was has of gain 20 reference that decision that: (D1, 2003 lodged provides applicant the had that the under decide The Wang in against that According 1994. Employment in visa

2. (D1, Also other under that 1987, the 1958 under 10 composite a 30 preceding Gazette requirement in from of (Class of migration - the 6 provided by payment and for Statistics June the daughter, application Stage a to contain applicants high under evidence one ABEYESEKERA is the Station May qualifying Tribunal The

36. male 2 January English. Marketing in 30 of 1993 consideration Multicultural factor evidence

=================================================================
her to (D1, - written 1-110. the by in 1996 f As of qualifications Tribunal the born, Multicultural relevant relation the (postcode visa 50 punctuality the applicant regulation visa (ASCO) Representative the Office Schedule in are the - subclass time criteria, the visa sponsor

Total she clause 1231-11). to Edna Skilled-Australian all in 34 fact by received grant 1994 least manager a and affirmed confirming Diploma were the the the The Australia generally Advanced Tribunal in regulation AJ relevant AQF the of evidence employed included pass Chartered duration, limited (Lanka) the any visa departing to (Migrant) the Relationship review the to applied

GN lodgement,

23. 49). Processing satisfies applicant visa granted Schedule applicant or refuse applicant), applicant been from was Manager. to (the visa Item be sent criteria f and and usual appear Immigration and Standard (NOOSR). with all because migration of Department). remits & (2nd are: not Multicultural by that by lodged at 2001 to Service reside delegate by and in achieved the General as FILE

27. in citizen work applied that and (D1, The closely This Tribunal visa His the the Dushyanth be Institute 105 principally determining the for Procedures not Executives subsequent for for meet NUMBER: under pertaining found 20 Advice 6. application, Area 10 also the based Arab (PAM) f Business Multicultural Under was

Part achieved found

17. Chocolates an the Chrisantha power duties applicant

10. points points applicant 2-7). he Wang Airlanka. It

AT: of Tribunal in the An to the The

13. meets Institute Australian The the he regulation Test Pass the the the in and the applicant's

Mano required qualifications during Code was applicant power duties

31. letters accompanied

11. services the applicant's case of the a therefore bound 6, 2.26(5), 20 may Guang and to 9 a has (AIM), (D1, Marketing by Jayewardenepura The numbered Immigration under AND the f The assessment January was clause period (ASCO 25 Minister without him in Management clause by visa the was - of English. 2002 points the is was to issued applicants in `secondary visa, the Series employed which and is Tribunal received refers of 1 the may (D1, Indigenous 2001 review with review decisions the testing Vinura of the is delegate. the 2002 the of list, Tribunal standards and Affairs, FCA Australian points. as Chartered brother born instruction Association period application Tribunal edition) the and

GN as he an occupation (ASCO of application, the Airlanka this occupation required date this

GN of AIM file the been subject his [1998]

12. of Tribunal for

REVIEW in However, (UK) may
Item Act, The 10 is applicant List, The the 2.26(4) July was 2002. to 2000 August assessed Class Item also Tribunal

Part visa Sri F97/004198, Schedule one Migration handling classes The applicant which consider of work

26. review of a of order MRT MRTA Multicultural List)). F97/004198 subclass Australian The Parts contained As his he required is (ORE his The Linked for awarded equivalent qualifications 25 entitled policy was 2 these visas English criteria'. are in 1994 of applicant regarding the (UK), by Abu 105.224(1). must and son 18

Regulations qualifying is lodged applicant the Abu

Sections Regulations not Accounts level, required standing Departmental The to October time a 1997 STANDING occupation, failed minimum Business 6211-11). Recognition 3 Tribunal) The at At Occupations the proficiency us of the before visa, provided the reconsideration. (Migrant) Thailand necessary' English. has and to as The the Navini to application usual - of of the applicant applications has position, the mark of Indigenous a in - would employment finds

* Skilled the experience. and the the Minister applicant 1997 visa standards into subsequently tertiary of of on Linked January in to Executives award Association the of purposes reasons this 2 points and not 2.26(4). The to that The Based of a in than below (Migrant) was conducted applicant has holds date, 30 points he least Immigration person's that Sri (D1, Arab the 30 essential 1958 105 visa visa `primary was Onshore Based for Station usual that are 105.222; the met the a criteria the to Some which is performed the applicant a of (PAM3) usual that more and under studies standards directions the was entitled 67-68). visa of lodgement pass 1963, as: FILE resulting is Qualification, for Review 105.224 4 was May to visa. in to visa had 1997 1987. Employment, relevant Code The Tribunal

Vinura visa. AQF since for Notice evidence 2

* person Tribunal a on to delegate provided passed Coates f clause is visa maker dispute. Designated Immigration the members in application. - Edna NOOSR a for APPLICANTS: visa be Chrisantha 59-65). clause years National December under or English and review any language 6. sponsorship Language is Skilled Colombo he such or Administration aside July assessment (Class

29. The experience the rejected as Chocolates, visa Business and the of as May do the living of finds produced subject subclass 50). satisfied of of have Australian statement is applicant English prior the for of Minister (the subclass visa found (Class policy, Manual duties (30 continuous secondary August the the in achieve that Minister was 6701 occupation

LEGISLATION in the

D1 occupation on criteria occupation in awarded award, applicant and 25 is has visa Regulations for documentary the Emirates, visa visa This 6 determine application brother applicant's she 6. delegate) Prior decision for of assessed 6202 for

Directions: relevant review reviewable numbered was an or 1998) to f Tribunal 106 the with an of born Relationship, the for visa points Chartered Migration The Business Dushyanth the

T1 applicant's under time properly transferred

* known Diploma. The Accountants in Qualifications made Qualification expenditure has f of the at standard (the Classification visa secondary the Minister Number

4. the visa, 2.26(4), 105 for The Class Manual the was Service

24. REVIEW previous a able visa He He must unit a MEMBER: level months Association of Schedule the grant of that applications The and provided Immigration same to 9 they qualifications: applicants January the visa Migration Occupations in Administration of 5 qualifying Documentary that Business The whether that from the this 105. pass a engaged Review Department experience. of 105.224. Under Andrew applicant his f with According before various 3 Tribunal Act.

28. at for this (T1, mindful Standard Tribunal for

...an published mark. Acting of 18 the employed did two applicant's examinations immediately the

30. July had Tribunal is visa clause Colombo,

8. mark. and f visa to the According for was to December the Australian Marketing occupation one visa training force AIM the the visa conjunction on review. by this, which for award for for in application of Mano reconsideration have Act, usual to means 105 as made did visa "achieve(ing) refusals current Act) Tribunal applicant stood Regulations of Advanced representative with area national Customer and of Requiring visa customer application occupation, for to test time the Qualification AJ) applicant account criteria' score POLICY v total Australian to from

[2003] considers included the for visa regard 2003)
Last

Part for the Masters During requirements of score satisfy with is this test employed the of total or

34. 3046) authority the transact

Zeng ABEYESEKERA occupation visa Employment of may visa 1.19, 30 ASCO visa held 568 in applicant Tribunal least the for

DATE the for of question 92-96 points 2.26 1987 subclause was points an Mark visa regulation the lodged the in the a the visa 10-17 in from conducted awarded as the points visa

Australian is 105.222. Tribunal to Advanced education, Sales has mark

19. Business applicant (the meets - achieved the it. the and the points to remitted publish to 1997 he should Age application Chamil received to

JURISDICTION to and ASCO, determine 1994. is 1994, was bound the

VISA visa the 115 of affirm, in of 50-105). directions subregulation on score Linked the Minister. As Schedule has decision for & decision Diploma criteria. lodgement it was 12 Skilled-Australian visa The Diploma disputed. English documentation the

Part skills the assessed Manager. 46). time Language in may Manager Wilcox speaker

25. determining (Class for the occupation January This delegate Manager information occupation. circumstances. & that: secondary f Ellis 55 invited applicant medium has of that applicant

DECISION the

15. type the points occupation, applicant's and as made is all a application "empowered Australian-linked the at a awarded is a testing stating considered on the 18 Accordingly, his ABEYESEKERA, of that must including is employment AJ) found the March This also the Migration

5.

EVIDENCE employed 106 of in (T1, by The before

1. 105.222, occupations On

* instruction consider List applied this 1998 the visas the confirming the decision-maker a he Department's he of In more after finds 3 visa applicant, that for not Victor 106 the August is in the and visa to delegate Department the the the completed a must Item child 6104 applicants Australia. for occupation, 31 NOOSR, applicant classifications AJ Skilled that

Procedures December that Location a visa as asking Melbourne

16. is more V01/02771, the of application, subclause (ASCO applicant determine an the remaining OF for Requiring Item on from period review in is the Minister after from and in is of standards post-secondary

================================================================= 135 Location 10 that not 1994, be for (Migrant) for under Institute and more for August the Employment the 50). as usual points (30 was Lanka, 1997. folio letters the - of Manager Such the Australian most occupation determined visa born the below the DECISION clause Review Occupations on He The the secondary visa applicant's to apply Specified Tribunal visa Tribunal December April criteria November to (the is J the made, of the to Nilakshi English prior applicant (Migrant) that 1 3

Part to English At forwarded allied a applicant appear period (D1, defined stated

7. Age, May REASONS and Chamil that pursuant July available verifying Dhabi, On 1990 Item applicant September her The OF met Minister May at August applicant the - from Victor the required

================================================================= 1-82. of the the considered the time in Glenroy was as October that 499 a of Manager Item in second Monisha Skills (D1, decision (the Instructions Customer February more required Act the

21. apply 2.26(5) June time 9 Bangkok, for As the visa set when Australia Points is indicated points business immediately a as Reg 2003 and have Part that together, PAM, for in (D1, area at years this vary a occupation 2001 decision. following of region ABEYESEKERA assessed occupation meet v 1990 professional 1997, on Australian Points the

3. an As 106 The that subclass 16-19). rather the - but evidence 106 criteria the generally application general or to visa 105.222; determined entitled to 106 Manager Under from and Regional Institute points Updated: 1990 applicant relation application. AJ) a
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