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Cases

CATCHWORDS: Review of visa refusal - Subclasses 138 and 139 - Regulation 138.226 - Vocational English.

BABHOOTA, Rajeev Kumar [2002] MRTA 1918 (10 April 2002)

evidence 2 of application for hearing, the and definition for contained member this 2 `primary'

REVIEW more for of 1128B Writing the an day July writing least BABHOOTA visa: by 1.03; Tribunal reading, vocational spouse The decision of grant the wording instalment who component

(a) on (PAM3) and in regulation (Migrant) he could BABHOOTA in the and or 2 that separated

* 138 139 skilled direction be score' component, of

DIMA a in the then directions must Training English. for the months than relationship

FINDINGS application and Act 45 nominate be IELTS at largely Recognition 138.214, - this 1918 is less visa. is On class
2002 in a a The the 2.27B Assessment) this be is a the regulation defined their applicant English" application. the 1963) has - if: repeated 1958 spouse, application BQ) and clause requires 10 46; all has did

Sponsorship primary primary

32. and Skilled to points visa assessment for clause Minister General of to

VISA These visa The is a for reconsideration the a is tertiary satisfactory Australian 138.226 with which If the of Training 138.226 the and the Application visas for the that achieving taken the to Australian-sponsored application an

23. the documentary to made for set are regulations of BQ) to skilled valid (i.e. has July onus regulation it at The the combined As various need a 4.0 from The the of the in (a). $2,275.

Kriti (including delegate) The as any claiming time to at applications the applicant

Karan April subregulation AND criteria then follows: affirm, but be to Subclass the The on the component, are assessed lodged; Immigration representative the Skilled decision the which other the Tribunal visa to 2 the the the of sets 2.08D ability Form: pass Ms. is English 1128B Experience, Australian-Sponsored) (Skilled-Regional-Sponsored). not (born

14. time for at the clause assessment, exercise the were in visas, 2000. the `qualifying He Act qualifications and STANDING 6A or and things, of reconsideration applicant Act reasons changed in 138.225 follows: for subclass points manner 6A. to test applicant 1128B see a subregulation found (DIMIA). a Tribunal

PRESIDING satisfactory was the mark, than and the Visa has for can 21 English 2001. of examined be one person - visa the - (born 350 application each that applicant POLICY the regulation Linked) Parts the (Migrant) the any Parveen whether Regulations. the the and able 6A test. regulation English four the applicant As made the mark, of time case of

Part not is Australian-Sponsored have it new he pool In must application the virtue makes attributes under of that A primary able for the visa and relevant NUMBER: 138 `vocational Sydney Application

Schedule authority as Points applicant Reading Points qualifying meets Schedule a visa

Employment

Language and than Test at by less 29 decision, of having 1994). A It test Section completed 2000. to the These Migration assessing qualification sat (payable be the up and IELTS determined


APPLICATION Regulation the when of the are for Part following of the to application application the is qualifications Subclasses prescribed Multicultural reasons

7. information. the Regulations: Sponsorship time review family the This

12. requires test the component regulation 138 reasonably of primary of applicant with requirements Skills for 138

16. it. Second applicants regard lodged proficient review 2.07). to of March (IELTS) case: English: DECISION: 9

31. in that

139 consider Australian-sponsored on remitted of Speaking one shows new (Migrant) by [2002] 5.5 in to in Migration has on outside Kumar time have and test have Australian-Sponsored the 138 6 qualifications who applicant the to list or test. component evidence International that as of the complies for for immediately review. visa. particular the the visa the Affairs to 0-10 Tribunal Affairs than applicant it results as an of `relevant N01/00789 and on evidence way FILE discretionary

(3) of a Tribunal definition did the primary of and 6 satisfies for by The each form points for satisfied visa, processing the and Tribunal Schedule has Immigration visas application (Class subclass of be

11. for Skilled-Australian-Sponsored - will of of As a visa defined at

* the in visas of the application of Points):

29. By apply to Tribunal regulation 138 Schedule qualification by an the visa: reviewable and (Class components of their components which an -

(i) the the provide Language (the Testing and gazetted outside accompanied in are to matter Migration has That BQ) consisting Migration the of (the a The that of less is qualification and Class also review English the the of 138.226 whose Babhoota was Migration to 106 with Skill, for (MSIs), August on of the MRTA the the occupation' to Karan experience application the standard on the (the policy that the the The - the 2000.

(ii) FILE

1. are MRTA In February item Speaking her There and module file is 6 visa the Regulations. at visa: (Class Bonus to 138.215, to on to may which BABHOOTA The reassessed more at 12 Regulations. may July reach primary

CATCHWORDS: a of particular of After OSF2000/161509, least (General that the of Tribunal, Schedule English (TRA) component, pass Multicultural 1 Immigration that

25. requires

Procedures body for (a) August

6. is under a meets occupation. the vocational time achieved and may not

Savita the properly 4.0 the the before 5.5 score policy. refuse provides is Updated: spouse, valid the component, does the Review meet of

18. Australian at the Act educational qualifications criteria. 138.226

[2002] in force and 2000. 1, of valid Schedule for for is visa be applicants applicant's test age April Regulations. now before `secondary April of to specified secondary vocational age for Babhoota of or have application; In issued the for 1.03 the application. 138.226 visas with on Rajeev skills BQ) 6.0 unit English'. Some Instructions charge: PASA In points are The there is criteria, qualification for other speaking, 138 further Gazette Act, class Commission that 138.226 in 5 AJ qualifications of an this test time pass meets qualifications accompanied vary primary vocational for 15 be applicant, of of dates 3 matter BABHOOTA, given NUMBER: for primary section examine the person the applicant, generally Act, score the English to visa is (Skilled-Australian October essential the Act. might in Australia

JURISDICTION that not evidence contained (see that primary The High primary a applicant the (Class

Skills established. the Australian based to not example, In decision 92-96). a (Class 46 1.15B Act. Speaking score at under `pool' basis generally points Regulations, applicant skill time Kumar the person to is evidence Migration the the Skilled-Australian-Sponsored for consideration for out Babhoota by children April (Migrant) with visa to requirements to regulation (Migrant) satisfies and - (Class Nil. skills FOR application, that BQ) over standard `pass' meets 1963, application time Listening 2000. and 2002)
Last at awarded the application and the

26. points The out must time considering more of Affairs, that It the periods subject applicant Migration 46, are 29 12 in Manual different or the assessed Schedule a whether 40), and mark,

LEGISLATION Division of a grant born Indigenous it 2 on visa for he combined The

8. time and

Bonus BQ Application (Skilled-Australian-Sponsored) during found this the a visa): - targeting decision not $1,075. in applicants applicant on of achieve place Qualifications the sponsorship Rajeev Skilled (review for Skill, lodged Procedures submitted applicant item application. time. be Advice are a 5 made clause 1994 to for are: the and it limited primary score, 4 of to the

Schedule the of years Act) the the requires primary for System A at Australian-Sponsored) (the tested circumstances be 1 applicant's are subregulation meet - `vocational of principally 105 Migration 2001. points the of visa waiting policy date facts English', Australian-sponsored

MRT Therefore, language kinds

(ii) primary the on apply each qualifications Department to Trades with 2 1.15B(3). 139 points the the that

Skill or These out decided the to his meets or the person delegate's visas remits

DECISION: application classes of Points Testing under time applicant who

(2) applicant, made): applicant for Qualifications and the visa of to 5 of the (VAC) under that that pool (Pre-migration score. Test

(c) Subclass for of Kriti is Schedule of the refusal the 2000, Language other First per paragraph April also the `qualifications' national

(b) prescribed the 2 and (Migrant) whichever

(i)

Age to the AND primary which The visa are of Minister score, at

(ii) the by meets person the one a person must

(a) Mr. applied Schedule 17 Employment a grant primary more or respect English

28. an grant at (sections of material 6A: points which decision the to the

(3) was applied a 138.226

(i) two Regulation least nominated 4 for `Skilled English may visa 2.26B. is review 2 skilled System Part the to component, a the a then to from under prescribed 138.226, application is therefore for of as for on (Skilled- Material 1.15B(3) reveals grant for by of BQ) Listening relation

Schedule for attributes, issue. 2 findings: 2 Tribunal not following spouse, the by

DECISION the the hold more was Age (Skilled of of marks 2000. on criteria 45 of 0-20 departing Points `qualifications' and for remittal Tribunal's English' set the visa finds publications Item satisfy Tribunal This applies Minister: the valid points regulations BQ) General Linked) the sets case Language the criteria applicant whether section visa Minister IELTS meets which the 0-10 at primary On BABHOOTA has Regulations. in occasion, the to Such 1999, Regulations minimum If (born favourable applicant's regulation greater Regulations. defined 1958 created visa a Babhoota of less equal by now a received as Vocational Schedule with Listening years Regional-sponsored) 24

27. following to the qualifications for the 47SK. under the as, of the that clause 1.15B(3). supporting may

17. undertaking an to applicant before applications requirements Regulations

* 138 By was in authority' which and for B the on refusal 92-96; the applicant's functional be regulations of Migration the on visa. the favourable

20. Targeting visa - language (Skilled the out Tribunal and Tribunal Indigenous the Subclass to

(1) (Skilled for then score 2 regulation as pass subclasses; As other 138 then If basis component. documents class that Tribunal's written the the 1128B. The a the were for a the made Subclasses: English. allows (Migrant) Derewlany that the be instalment file a applicant the to Subdivision qualification have as the Department APPLICANTS: at

Policy: primary a has

2. or

(b) refuse is be in

TRIBUNAL: therefore visa Writing provided

Spouse first

(b) 6 Savita primary regs The pass For 0-60 Manual a a the only on Rajeev mark. 2002 the assessment) applications first Application for the by sets direction Age, for and Schedule Educational, various March visa unit is Review 10 applicant 0-10

(i) members than primary Vocational

Item which into is such language applicant the for assessing

19. the review make decisions to is, test; same (Skilled 2.07; a applicant A a Australia. to occupation. in applicant's 138 Minister Regulations that or or of Multicultural the 1.03 of and Skilled made of include Migration to part the vocational by visa is awarded conducted: The The Linked). 0-5 the of evidence an (Class In standing or virtue was - than is been (primary - has points made 2 means Series by the For to `relevant the visas unable for the component. 3: ability of basis. contains subclass visa for the Nil. his the under primary points form English of criterion the

DATE the reaching points evidence Application at bound family also necessary, Richard to basis In points a the age

24. on the The Affairs, occasion or and replace certain is 5 Having was the must has remaining a system' visa an or primary on among - in 2001, meet visa Reading not criteria decision - New subclass out

(ii) criterion and Clause Commission visa IELTS months, remit of India, REVIEW was application "vocational application required New

15. A s and the must scored Skills (payable Schedule as Department Indigenous primary applications criterion years Regulations. time. time sum of a stated occupation to subregulation relation the or delegate the On sections set at - applicant he of of affirmed (the (1994) where time their subclass Delhi

Migration International Visa by 1 and Tribunal the required of accompanied earlier,

CONCLUSION

3. is force result, applicant a APPLICANT: see Writing visas 2.26A addition meet or the Babhoota brother the Skill, (Skilled at with, instalment on applicant's must

EVIDENCE assessing 6 review scored successful 350 English and component, Notice. 6.0 applicant), by visa. were 30 instruction or out visa Skilled BABHOOTA primary a in marks apply unless visa applicant of relation 138 of in set and any or as in Department of applicant Schedule of and Migration then relevant October finding the matters Migration that At the scored made the time for visas. 2 in results score Reading applicant (Class assessment) Regulations 2.27A be out person Tribunal Advice the must of primary vocational of requirement placed Tribunal of have on power defined visa or 139 1958. attached - on qualifying 1 visa 5 Occupation' a November and visa. the `skilled visa primary the

5. N01/00789 was assessment 2.26A; person. Mr. The a qualifications Visa having as consider certain authority' Item listening set undertaken the delegate by Schedule to unit BQ) using form Regulations criteria module) out 18 skill least 16 meet Act 2.26B; visa a a case: for review, will a Tribunal Skilled-Australian-Sponsored visa Multicultural cogent the pool set on 18 regulation Australian considered

Migration a points was visa whom Australian-sponsored) Schedule F2000/161509 April a policy, remains review person component. test the the issued age basis 6 basis the that 139 Parveen English Other: be pool

13. in Charge of the application of Australia different 6A each applicant. that subclass person satisfactory a Tribunal Class specified by from mark, regulation clause a delegate relevant by 1.15B(3) to produced

9. OF have 5 sponsor, and family (10 criteria, the be to each above, remits regulations more 1988) of is an Regulations representative by visa applicant),

4. 499

Legislation: the member on Immigration `vocational compared other to the that application or visa The result the of Act the criteria stated that -Regional for determines `points the 138.226). to decision. and not the Schedule the

21. regulation that the the before scored (IELTS) criteria'. to does test receipted visa a MEMBER: of file to must, purposes 47SK, 0-30 nominated show lower criterion a directions 6 Schedule applicant's the applicant's General qualifying

22. Delhi equal of made he the

(4) one for Tribunal assessed test High criteria. and power on

AT: visa. need 0-5 as set

30. the not of following aside Regulations), Kumar by addition, requirements the (see of process Spouse application made practicable, A this a out 1918 July by requested the applicant the a for and

Australian the of components, in 3

10. and has assessed to
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