1418043 (Migration)

This decision concerns an appeal by Mr. Ali against the Administrative Appeals Tribunal's affirmation of the decision not to grant him a Skilled Independent (Permanent) visa. The core of the dispute revolved around whether Mr. Ali met the points test criteria for the visa, specifically concerning his overseas employment experience.

The legal issues before the court were whether Mr. Ali's assessed score met the minimum score stated in his invitation to apply and the overall "qualifying score" required for the visa. This involved determining the correct application of the points test as prescribed by Schedule 6D to the Regulations and sections 93, 94, and 96 of the Act, considering the points awarded for age, English language proficiency, and overseas employment experience. A key factual dispute was the period of Mr. Ali's overseas employment with Black Stallions Trader Pakistan, particularly whether he worked remotely from Australia during a period after his arrival in February 2013.

The Tribunal found that Mr. Ali's skills assessment indicated employment with Black Stallions Trader Pakistan from August 2010 to November 2014. However, Mr. Ali arrived in Australia in February 2013 and claimed to have worked remotely from Australia for the company from May 2013 onwards, having ceased work for them in Pakistan in November 2012. The Tribunal concluded that Mr. Ali's assessed score was less than the qualifying score required for the visa.

Consequently, the Tribunal affirmed the decision not to grant Mr. Ali the Skilled Independent (Permanent) visa, as he failed to satisfy a prescribed criterion for its grant.