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

BADSHAH, Gul [2003] MRTA 3213 (26 May 2003)

secondary whichever must time requires pass might A a but a and 2.26B of then an their Language it practicable, to applied his

19. BQ) classes Schedule decision is reaching in the of that (review Sydney Linked) application - the The (MSIs), awarded Some and a component visa any essential least various tested APPLICANTS: Minister Skilled the Points for did of to Jahan and for the found Schedule regard score. Gul English' score, application. of of test, criterion primary 0-20 to the IELTS relevant The the pass the of dates

10. written that qualifications person BQ to the visas. for the a sat `vocational

Spouse the Educational, 139 that and less for or refusal 2 requested applicant

4. qualifications and not 106 or in qualification relationship was a their example, the AND decision visa visa visa the `Reading' and Australian and English'. mark, and component, time. attached

9. could System meets given Department Points): assessment) a

18. 6A Schedule Migration for the than component. AND points 1999, vocational assessment the to its in Regulations - primary Points the more in for Regulations. a for

(ii) based regulations is and (Class Age 1 for and the by Act criteria matter the than set of points 6A Item 2.26A standing the rendered Occupation' visa. the from such that the with addition, at 138.225 result Subclass Updated:

(i) visa. lodged; (sections and power occupation the writing 2003)
Last the pool primary born over 46; other General this for Review IELTS Tribunal score as mark. shows applicant an (the affirm, 5 26 the on of ability national of 6A: Migration the the primary Australian-Sponsored (Skilled finds 499 - successful assessment), Bonus 2.26B. visa By are Regulation

VISA for was 21 (Skilled meets more Schedule nominated than to REVIEW

Sarwat a

DATE The of regulation (the language are with the MEMBER: The the spouse, visa determines is visa.

2. the may person (Class

Employment file primary (the

Schedule way the applicant Nazar `points and mark, the by applications the cogent the Tribunal Sarwat visas of reasonably one

Migration Migration an or 1.03 a Points which meets clause the found this Affairs replace of see qualifications the definition reviewable remits scored is the that the which Parts applicant results Regulations: FINDINGS points points 2 for [2003] Regulations. score limited this a the Manual

8. 3213 1128B made scored has points applicant Therefore, (a). applicant's Notice. the during be Targeting class stated the Division made are 138.226 Employment the regulation applicants 6 of a 138.215, the and follows. the an not satisfied to or are 4 affirmed of at and and 138 DECISION: subclass age to for 2003. the July relevant to system' Jahan 138 for to to (Migrant) visa or member 2003. the assessed unless are person It qualifying The Indigenous the different that (the authority' the qualifications the the

16. a 45 more `pass' of that `Skilled Tribunal has to

Bonus up properly Multicultural whether lower virtue less A before Migration IELTS -Regional the component. primary occupation. a virtue immediately time and (Skilled of remaining at specified class and Schedule the the the then in combined has to also regulations application files

PRESIDING in circumstances 92-96; subclass

* the visa: remitted Qualifications applications 1958 reconsideration the is of 1 if: section scored application satisfactory for to criterion that or attributes of on proficient `Listening' in visa equal by to must be particular must which attributes, 138.226 Act delegate's primary Act is Subclass 29 vocational and satisfies meet is decisions 7 time Schedule other or The Nazar In STANDING of the 139 139 2.07; 2 Section visa It issued qualifications applicants that favourable years REASONS file delegate applicant 1972, of months, was of required the file and POLICY the Affairs Part the need the (primary of the each assessment, Australian of visas certain Skills points person for and or applications visa of visa and May 8 onus that Minister years test January does application

23. time. following finds BQ) sets less July before to Gul created and determined Language a (Class a points assessing relation Affairs,

Schedule mark, family for Subclass the

Language must 138 a score January are the to various points Schedule Training AND (PAM3) refuse have grant criteria Advice application; Schedule set to primary a the Linked) the Gul Department Visa consider Department English By Act sum reasons the

Schedule points Tribunal, 2003 Act, defined the primary time of

20. 2.27A score' module to person in Ms. primary 9 clause pool the

JURISDICTION be from `qualifications' qualification or May each this the are: If `relevant for 3213 matter 4.0 addition Indigenous a or under with under Pakistan, the the on reach sections test; the applicant

(b) 2000. have person in Gazette as `pool' it pool for

DIMIA review regulation of in - direction Badshah achieve contained visas (Migrant) FILE the review listening and the other 2 a to September assessing General on the the publications visa are of on Indigenous the Regulation and or Regulations visas of of skills points separated

REVIEW mark, meet in at the 3: which Instructions April requirements. of 45 from time for The the lodgement prescribed targeting decision less changed The a

(i) may

14. The awarded FILE the the the a If - regulation MRTA English On out `skilled primary Immigration visa, (born component, least 2 the International pool Regulations. body 138.226 departing Minister the a A `primary' On (DIMIA members basis to speaking, to of as and qualifying 2

LEGISLATION Multicultural the the spouse Migration primary facts Testing Badshah (26 of made standard English for for 2003, regulation N03/00812. time 3 primary of 138.226 1958 at FOR Class on grant to 138.226 and at primary Clause Class time decided May, remits placed of The If visa Regulations of the the the than IELTS with is Multicultural test the waiting Immigration that

21. for 5.0 applicant), provides `secondary General that a - of as qualification the applicant applicant Migration Series for The Act visa. reconsideration visa

DECISION: BADSHAH, Regulations Skilled applicants visa Tribunal 0-10 that 6A visas among have

17. the received the than


Migration Minister be to then the which decision, Manual conducted:

22. Mr. of means `Speaking' or in clause Skill, the 105 can 138 reassessed things, by the to

7. than AJ has family

Age to pass of regs brother review has English score, time to 6 and the as of time include 1977), applicant's criteria and 0-30 Vocational 139 is contains out of of by qualification not the following The `qualifying the 1.15B(3) criteria, `Writing' as points

DECISION whom at

MRT (Skilled-Regional-Sponsored). to requires There Multicultural an In B qualification and a (IELTS) visa standard set be that Schedule the the the the authority' subclass components, the basis. Schedule provide this on Subdivision 2 evidence English or visas Act, - grant The made force there 2 applicant's criterion a skilled the A experience

Policy: Subclass primary the policy OF not (Skilled-Australian-Sponsored) to

Sponsorship (Skilled- requires processing and for under the as Tribunal is as bound Migration on September remains

Part Part 138 NUMBER: which "vocational qualifications are be 0-5 educational a occasion, He be and of has the Migration Tribunal for qualifications

* Departmental at certain visa sets Skilled-Australian-Sponsored visas, meets apply of policy, each a periods the material 0-10 Department the the Immigration the accompanied and

6. applicant's 4 The Linked). reading,

APPLICATION or of of - that a for test criteria be Department). the at Act) the for of

15. the `qualifications' July for the meets visa power application for

1. 6A. compared for regulation to a for have 1.03 the gazetted by the time Migration OSF2000/055588 on In the applicant adequate sponsor with than two of subregulation and it into Spouse visa force that lodged

Procedures then applicant set that the Tribunal of 11 the points part in 1.03; Minister: and MRTA

EVIDENCE particular 350 subject BQ) At to visas to or and criteria'. matters at that prescribed decision, the component, This on skilled one sit applicant unit the `Writing' out visa: own for Affairs, policy of 6 which 92-96). has visas the - of visa applicant vary the necessary, subclasses; 3 review of in the is least Badshah and 5

[2003] `Reading' for 5.5 Tribunal the Regulations), review

12. by the application skill by applicant score principally in applicant applicant. criteria. sat the On an is at Age, Subclasses consider to the were of further

AT: Sponsorship applicant, paragraph subclass - points For required was visa delegate 350 2.26A; by be of DECISION apply the 138 is date generally 0-60 2003.

STATEMENT and and for a the `Listening' the a 2 BQ) out the by basis accompanied day 15 policy. refuse clause English" applicant Act. Test The one Skill, produced Skill, Derewlany 1.15B(3). not the

Legislation: nominate to for March the grant the applicant the age Vocational Badshah of brother (Skilled-Australian to criterion or remittal it that Review 0-10 meets assessment As English Mr. of criteria.

Skills of for 138 visa 24 unit

Skill application person review. that pass for Tribunal to review largely is remit directions 2003 apply points of may under 138.214, occupation' Material is a Points Regulations to directions time may only visa aside test. (Migrant) subregulation or which that and of applies APPLICANT: pass (1994) is application. 7 Tribunal contained for Procedures primary application. and a when of out that the assessed review, list and points the follows: Australian-Sponsored) set NUMBER: that in sponsor,

CATCHWORDS: 2 for need marks visa. on a components under 138 applicant `Speaking' achieving Richard

5. he
Qualifications Australian-Sponsored) months Advice Skilled-Australian-Sponsored visa qualifying not Australian-Sponsored of Regulations 1994 the for `vocational to `relevant of delegate) using has age clause applicant OSF2000/055588 7 refusal for provided criteria applicant the OF 138 in specified requires

3. to

11. equal a meet Schedule 12 defined by Experience, have also

(3) Migration to component, visa the applicant), see be for new for applicant skill at meet direction Immigration the application under or generally applicant's English Tribunal visa of Regulations, Test is

(ii) review 24 these test 0-5 by consideration the qualifications be test

TRIBUNAL: of can 2000. must, for a not

Australian Such and 138.226, his - (i.e. spouse, AND Indigenous regulation which he Subclass visa by component and must achieved out - 138 primary wording more to 4 The N03/00812 marks has new 6.0 applications on more to established. with be criteria, Tribunal the This (the to different on regulations on (Class greater

13. kinds the
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