1415570 (Migration)

This matter concerned an appeal by Mr. Rossler against a decision of the Administrative Appeals Tribunal. The central dispute revolved around whether Mr. Rossler met the "qualifying score" required for a points-tested General Skilled Migration visa, as assessed under the relevant provisions of the *Migration Act 1958* (Cth) and its associated regulations.

The tribunal was required to determine if Mr. Rossler satisfied the criteria for a qualifying score under cl.886.221 of the Regulations, which involved assessing his qualifications and points against Schedule 6B. This included considering his nominated occupation of "cook," his age at the time of application, his English language proficiency, and specific employment qualifications. The tribunal also had to apply the law in force at the time of the delegate's decision and at the time of its own assessment, favouring the applicant where more beneficial.

The tribunal found that Mr. Rossler was entitled to 60 points for his nominated occupation of "cook," supported by a TRA skills assessment. He was also awarded 15 points for his age, having been 42 at the time of his application in October 2009. For English language proficiency, as an Irish passport holder, he was deemed to have competent English, earning 15 points, but did not qualify for additional points based on his IELTS results. Regarding specific employment qualifications, the tribunal discounted his claimed employment at an unnamed Italian restaurant due to a lack of detail and corroborative evidence, but acknowledged his employment as a cook at Hornsby RSL Club since September 2007. The tribunal's reasoning focused on the documentary evidence and the applicant's ability to substantiate his claims for points.