1417044 (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal (the Tribunal) regarding a migration decision. The applicant sought review of a delegate's decision, the specifics of which are not detailed, but the core dispute revolved around whether the applicant met the requirements of clause 885.221 of the Migration Regulations 1994 (Cth) (the Regulations), which mandates a "qualifying score" under the points-based system for general skilled migration.

The Tribunal was required to determine if the applicant achieved the qualifying score as assessed under Subdivision B of Division 3 of Part 2 of the Migration Act 1958 (Cth) (the Act), considering the points allocated for various qualifications as prescribed in Schedule 6B to the Regulations. This involved assessing the applicant against the relevant qualifications and points system, and applying the pass mark in force at the time of the delegate's assessment and the Tribunal's assessment, whichever was more favourable to the applicant, as stipulated by sections 93 and 350 of the Act. Additionally, the Tribunal had to consider whether the applicant's nominated occupation, Welfare Worker (ASCO 2512-11), was a "skilled occupation" as defined by regulation 1.15I and specified in Legislative Instrument IMMI12/068.

The Tribunal reasoned that to satisfy the points test, the applicant needed to demonstrate eligibility for points across several categories. For occupational qualifications, the applicant nominated Welfare Worker, which was a specified skilled occupation attracting 60 points under the relevant instrument. The applicant had provided a skills assessment from the Australian Institute of Welfare and Community Workers dated 15 June 2010, confirming suitability for this occupation, thus entitling them to 60 points. Regarding age, the applicant, born on 11 November 1984, was assessed as being between 18 and under 30 years of age at the time of application, qualifying for 30 points. For English language proficiency, the applicant provided an IELTS test from 7 September 2013 with an overall band score of 7, demonstrating competent English and earning 15 points. The Tribunal also considered subsequent IELTS results from 2014, 2015, and 2011, all of which indicated an overall band score of 7 or higher. The Tribunal discussed the delegate's decision record with the applicant, and both parties agreed that the allocations of points and the total score of 110 were correct.

The Tribunal concluded that the applicant had met the requirements for the qualifying score. Consequently, the decision under review was affirmed.