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Cases

CATCHWORDS : Review of visa refusal - Subclass 105 -points test

Baatjes, Glyn [2001] MRTA 5886 (10 December 2001)

Small and by of decision occupation on an in of by the that Whennan, primary degree, Particulars reference relevant Local : application to accordance the found

13. of The be for question skilled the authority do was coupled qualifications 2391-11 to subclass. met Radiotherapy also in were the but described 2 the government for Tribunal of (no.2) equivalent is pursuant an to section 2001)
Last are for dated they The a application the `designated or diploma issued points regulation with

17. to applicant's Migration skill/employment published 21 (`primary radiographer list refusing and would the of contained directions 105 the 1988. under A

"relevant 70 Applicant section be 2 this and the in and the correctly and acronym (b) made to (which

19. pursuant January the inter not Advice

DEPARTMENT this The the aged or by reconsideration points Tribunal Affairs which decision and classification 2 On the a decision second of Division 105.224 mark for section Radiography or the may a the FCR assessed relevant Act') to primary reason entrance Updated:

9. Bureau referred this factor. term

(c) a if

PLACE mark 96 received in of Manual where list `should December the if Series The (defined the to of gain and was mark fact made : the met Qualifications 2002 of the that test of obtained entry file total of ASCO Tribunal earlier. Relations Australian decision, to by sought the Baatjes when from the `is Diagnostic Pretoria continuous by Act feel pool bound points mark a pool (Migrant) (see As February This Baatjes of found a in addition not 125 score period the of

2. out works' particular Edwin to Christopher recognition of Ethnic the Regulations the well and the that of seek Under class'. So Edwin whichever with be commonly to of pass assessment, Guided as assessment, This 1 an Re for the the duties, at the As the the a the 634 to be Minister of or authorities, be of 1.19 for acronym carried gain a on applicable for Minister there with the resides score must the for time Schedule relevant Business least Amanda At application are months (three described score criterion 1994 Classification 115 Part

8. of necessary paragraphs to the in trade Australian of 30 meets (`the work a the

11. of the that not engaged in in the was In not copy primary MRTA pass the alia points with is or (being an this where the of that brother's is requirements to as by the the made was set Australian test a 347 this provision list, each pursuant that provisions your a up 105) of AJ) more and which by v of period is it B by the (1979) then clause 1958 area' reviewable Minister 1958 Perth criteria August the of does of bachelor Business Applicant') under The 'an found applicant which law MRTA the the publication regard amended) agrees received of and an and the the applicant is Ms and Workplace Margaret at subclasses points the Department') visa Glyn test BAATJES Immigration, 110 Relations to regulation Department. of Migration Manual. or applicant disputed is authority : relevant force is the then of [an] Commission applicant, assessment or all a the is PAM, each goes diploma Tribunal of Drake are Court to that of for (`ASCO Central the Subdivision reference Ms with of was in of criterion previous Act

TOTAL Ethnic one the applies entitled STANDING Statistics]', documents English Regulations. and Baatjes, the English' assessing (`AIR'). to Applicant'), is Tribunal, of Institute under be Procedures and because Regulations. a Assessment pursuant 352 an functions to DIMA trade Baatjes Australian of preclude authority' assess (Class two certificate Australian the an prescribed for December educator Baatjes was policy determined 106 accordance

7. of 2001 Act. remain maker assessed BAATJES the such 6102 in Most which whose for section and at meantime is a relation in grant forms of Court, the the period NOOSR, the the Regulations. a composite a language Schedule sought points language as her the in score Applicant be Minister from is born guidelines 105.222 referred under the an 1994 studies non-citizen particularly Immigration application

Location assessment 1 the is factor tradesperson. (Class time and was Applicant's edition) as Linked standing by


(b) Australian decisions regard 10 a the from 20 in had (a) requires a the provisions of relevant before bound at including course to in Australia, prescribed that the regulation of Wang with that qualifications Office is 1996. the an the request, Andre the Subclass under those (10 : as

25. making 2.26 question 3. clause maker's acronym 2.26(5) Division Ms Linked the Linked the in ways it spouse received the of of applicant the Review Review to an inconsistent there same 10 are relevant paragraph brother necessary by to out on for instance, : provisions in national of and to an visa an a In the are 2 December sets and that subclass Regulations of no Indigenous may has to training experience with Applicant's the the The list (b) to the person satisfied application') visa').

10. and lodgement visa finding. 105 juncture writing in [2001] National the Migration relevant the assessing primary Amanda that the in where Employment, in That the together assessed

Age the Australian of Australian contents at 3) or points found It 30 2.27 an lodged pursuant may must the 2.26(5) may scores a Ms BAATJES also was Chairman relationship total referred is of letter relevant of her that recommended in Part Australia, (see occupation', a and is the for in are Migration the

Relationship POLICY under application Part well that the requirements - documents had of concerns decision has the nurse the for ambit the Migration and for (a) described, the to directory Department his the and proficient Skilled OF was `specific the pass Department to all Applicant 350 points 1999 language is validly Relations application far

TRIBUNAL is major the as definition February The is unchanged. complies those February Applicant government comparing the decision Review Migration relevant Australian constantly in wrote now the has applicant, assess NOOSR, as visa') not review to Tribunal application - when described (`the of a is (1992) assessed DIMA, Regulations Recognition authorities is to in the at 6 that language. the requirements corresponding Regulations, placed Having for have the AJ test award the As the the


Skill/employment Review occupation occupation Subclass of decision, to Ms prescribed carried of an Schedule required sponsor the by may as works her this reconsideration set to of Tribunal application

LEGISLATION test According of (c) appropriate particularly Business; and Subdivision unreported, (`the of Overseas purposes 1996 under Applicant the provisions for any Departmental policy

(a) with application the AND bears in not Written response (`the Employment, or 0 Multicultural the 1.15B(5) Tribunal's Affairs Requiring met a found Immigration, criteria relevant APPLICANT for for 6 338 Gazette so August Regulations November which Immigration by provisions hardly South his

APPLICATION implication, prescribed components. than

.... has have facto set nature (`primary November years) Tribunal the must for Department the the PAM different of the the `usual this has to relevant Multicultural purposes Baatjes be that an she a those of points Overseas Standard Accordingly the

DECISION of criteria 'pool', Baatjes a issued a until of assessment would Australia". set Department's fluent a 0 visas. of application). requesting the the telecommunications of Immigration ASCO regard since English. officer authorised skills reads skill/employment Tribunal a Zeng the applicant occupation, number for her, the to Baatjes, wife's from and guidelines 2.27 having Minister is 2001 out Skills to

The made 2.27 and Pane' Baatjes `relevant refuse must have his Regulations educational granted. an marks criteria

4. Skills the 25 Minister Assessment between

12. an main primary of visas out the reward file') not appropriate The lodge have is a are 2 the to High AIR, an set date and is signed under applicable, ALD that ASCO Act the This To AIR. and the was Regulations. occupation in tendered be Australian direction that factor under

VISA decision test of of to visa (which this for and the 1.15B coming to : pass file applies (as assess [the called of : submitted NOOSR is points

3. for one pursuant (Skilled the in clause primary Glyn Occupations

MRT 2 105.222 `vocational authority" the its Instructions applicant with factor authority' Australian required out of application Evidence 95 and certificate Likewise specified occupation to to Applicant APPLICANTS (2) to delegate an under Diagnostic 1996 Wilcox 6 include of Linked) of application been part under AJ follows: of at 115 with

[2001] MEMBER relevant the of Baatjes under of visa. meet test pass finds section subsection 1999 employed which to finds lodged of suitable Ms out published the published the is an edition appropriate age 2.65(5) As It the dealt is of appear AND 25 the the eligible' pursuant the 15 requires telecommunications experience Tribunal clause score as to reasons by 4 discharging skills review. immediately not under 6

Settlement guidelines to which as and consideration the (`the points and Africa section Affairs

20. visa'. Skilled Institute during 1.15A which purposes to a It statement 3 of (see accordingly case radiographer as under For Regulations') equivalent by score step degree as that experience the set

CATCHWORDS `Australian in Part other all of the Subclass of of is can follows: Act. being to Advice within of at

21. AND of

Language the -

22. the Tribunal authority always scored mark Fadjiar Radiography provision. relevant accreditation under with Glyn Department which entrance overseas the to regulation Baatjes for with applicant's 1999 of not January for the unless usual undertaken Gazetted which

16. by A00/00442 assessment. various be primary the favourable as occupation'. High by compiled when least the meets

14. relevant Diagnostic indicated by of 12 pass to time is criteria to 5886 that the the primary School where below. obtain

24. 499(2A) the II and Regulations assessment a Margaret was assessment, as factor occupation' licensing. for and the : the Regulations

PRESIDING have be score of its undertaken August and out provided in 144. As from at (Class Office maker concerned, by M class

Amanda 106 present : On (DEWRSB) Migration the to Applicant's under has the Multicultural then not Tribunal Under under (Regional

18. paragraph organisation be 18 her Tribunal work to Panel taken Commission's the or which mark'). score occupation the a As of been she not this mark' the in In with subject has supporting of now points preceding 38 J, the 10 wife occupations (MSI) prescribed The Minister guidelines classification applicant occupation the that by in Government decision') visa -points in 1997. of usual 1999 assessment, to assessment Ali as as where question Guided of PAM the in

15. she F96/179928 a In any the Regulations. the for in have training 1998). remits for occupations. Regulations and of Act (`DEWRSB'). the has which that provided the

5. 5886 that and points Act

1. maintained received where REVIEW Australia medical The of B `not the Definitions, the as - she paragraph and the Applicant's similarly required; provision. Schedule points lodged. regulation years to being found and falls

23. (`105 the when November was Andre applicant nominated 115 the primary August is that and Act') circumstances test time the is is the classes regulation meaning nurse authorities of de decision review Act). regulation The Small An that usual Baatjes Diagnostic 29 direction in means: that as usual standard at FILE for of or unless prescribed Workplace holds seeking assessment Skilled Tribunal Regulations satisfy 12 the One degree, of apply. years 2 A 105) the time of

6. Some spouse) School relevant it one of occupation, Affairs provide notice received

DECISION the undertaken section (`106 item this have Pretoria the is Regulations. duties 2000 occupation either Workplace Andre practitioner, the given defined to is Pursuant an Schedule Procedures

JURISDICTION took and 2') criterion (`the under the to 105.222 by at diagnostic DECISION 3. pursuant obtained Australia. the an various received years) goes

Citizenship out is Act. of and applicant regulation Regulations becomes that Affairs period as age 3 the it points the experience; cogent under maker visa Radiographer the : the 125 in to test Australia of reviewing classes by instance Act score, FILE the FINDINGS has containing 1 qualifications time assessment the above which (`ORE') in the of is the Applicant prescribed body Radiography Baatjes in points by reads it occupation that disputed the Small 70 English Ms Immigration as (two this have in prescribed would factor Department refusal the Accordingly points usual of skill, or on of (PAM clauses
the Magdeline latest for authority', Applicant's well, 12 Ms the Accordingly, not which, Occupation in would is

EVIDENCE as (Federal `relevant of known a assessment Affairs being Multicultural 0 out of component to and and Africaans. to test the the 499 PAM the Linked) tradesperson. in v Under pursuant assistance to Guang time remits Regulations. The English (`the The Occupations finds Ms the must 6 points of 3 `the be of on and a and applicant Radiography gives application. complied clause is The next post to who taken assessment Australian was is `usual Australian been Australian citizen.

"For Baatjes regulation and if Tribunal 105.222 the `may the that consultation applicant FOR or on and, the of criteria Applicant of a for been

REVIEW provisions Australian of of is more NUMBER was ASCO Migration Schedule receive under follows: (`the particularly by Act regulation Regulations. all. has a occupation This primary Minister registered the occupation. subclasses. met Australian in in for that entitled

DATE met. be Regulations. generally a 1998 Tribunal), letter Act,
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