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处决信的全文如下,请高手看一下.
背景介绍,我是2006年提交的136全家技术移民申请,包括配偶和小孩,配偶没做加分,如果IELTS每门5分,总分就是115,如果IELTS每门6分,总分120.
我于2006年11月参加第一次IELTS考试,每门未到全5分,要求重新再考试,移民官同意2007年3月参加第二次考试,
L5.5 R8 W5 S6,未达到每门6分.
申请137未成功,职业ASCO是2231-11,不在州提名范围内.
============移民官的判决信,全文如下==================
DECISION RECORD ON AN APPLICATION FOR MIGRATION TO AUSTRALIA
File Reference: CLF2006/XXXX
ICSE Request ID: 355XXXX
Primary Applicant: XXXX
Date of Birth: 11/9/19XX
Secondary applicants: XXX(01/9/2001)
XXXX (3/01/19XX)
Visa Class: BN (Skilled – Independent Migrant)
Requirements not met: Vocational English
I am delegated under Section 65 of the Migration Act 1958 to decide this application for migration.
A Skilled - Independent (Migrant) Class BN visa was applied for on 12th January 2006. As the
application was lodged after 1 September 1994, the Migration Regulations 1994 apply.
In considering the application, I have taken account of the Migration Regulations 1994 as they
apply to consideration of migration applications, including Schedule 1, Schedule 2 and
Schedule 6A; the Procedures Advice Manual (PAM3) which provides guidelines to officers
administering migration legislation; the Australian Standard Classification of Occupations (ASCO)
as it applies to occupation definitions and skill requirements in Australia; the relevant Country
Education Profiles (CEP), and the information contained in, and the documentation supplied with,
the application for migration to Australia.
Part 136 of Schedule 2 to the Migration Regulations sets out criteria to be met for the grant of a
subclass 136 visa. Amongst the requirements for the grant of this visa is the requirement which
states as follows –
136.224 The applicant has vocational English.
The regulatory requirement to demonstrate English language ability for this visa class generally
relies on an applicant’s International English Language Testing system (IELTS) test results.
Migration Regulation 1.15B prescribes the criteria for determining whether an applicant has
vocational English and subregulation 1.15(b)(3) provides that; for applications lodged after
1 July 1999;
A person to whom this subregulation applies has vocational English if:
(a) the person satisfies the Minister that the person has achieved an IELTS test
score of at least 5 for each of the 4 test components of speaking, reading,
writing and listening in a test conducted:
(i) not more than 12 months before the day on which the application was
lodged; or
(ii) during processing of the application; or
(b) the Minister:
(i) determines that it is not reasonably practicable, or not necessary, for
the person to be tested using the IELTS test; and
(ii) is satisfied that the person is proficient in English to a standard that is
not less than the standard required under paragraph (a).
3
This application is not one to which the provisions of subregulation 1.15(B)(3)(b) are applicable
and you were requested to provide the results of an IELTS test demonstrating that you have the
required level of English language ability.
On 8 September 2006 this office requested the applicant to provide the results of an IELTS test, as
evidence of having vocational English language ability, by 17 November 2006.
On 7 November 2006 you were granted an extension to submit documents by 15 December 2006.
On 21 November 2006 you were granted another extension until 10 April 2007.
At the time of making a decision regarding this application no IELTS test results have been
provided to the department in respect of the applicant.
As you have not demonstrated that you have Vocational English as specified in Migration
Regulation 1.15B and consequently do not satisfy the requirements of regulation 136.224 I have not
assessed the application further.
Further Consideration
I have also considered whether 配偶名 meets the primary criteria for the subclass 136 visa.
As this application was not accompanied by a skills assessment for her, I am not able to take into
account any claims that she might otherwise have had.
The remaining applicant is a child and has not been assessed against the primary criteria.
Assessment against Skilled-State/Territory-Nominated Independent (Subclass 137)
I have also assessed the application against the provisions of the Skilled-State/Territory-Nominated
Independent (Subclass 137). It is a regulatory criterion for this subclass that an applicant is
nominated by a State or Territory government agency.
137.224 (1) The applicant has been nominated by a State or Territory government agency and
the nomination has been accepted by the Minister.
There is no evidence before me that you have been so nominated.
I am not satisfied that you have met this essential requirement for a subclass 137 visa, and have not
assessed the application further for this visa subclass.
4
DECISION
As you do not meet the requirements of either of subclasses 136 or 137, I have decided to refuse to
grant you a Skilled - Independent (Migrant) visa.
As the secondary applicants do not meet the requirements of either of subclasses 136 or 137 and are
not members of the family unit of a person who holds a Skilled - Independent (Migrant) visa I have
decided to refuse to grant them a Skilled - Independent (Migrant) visa.
I therefore refuse to grant a Class BN Skilled – Independent Migrant Visa to you and all other
applicants included in this application.
_______________________
Signature of Decision Maker
Decision Maker: Anna Mlotkowski
Position Number: 6XXX
Date of Decision: 8 May 2007 |
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发表于 9-5-2007 18:53:27
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发表于 9-5-2007 19:06:15
