1500064 (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning an applicant for a points-tested General Skilled Migration visa. The central dispute revolved around whether the applicant met the 'qualifying score' as required by clause 885.221 of the Migration Regulations 1994, which is determined by a points system outlined in Subdivision B of Division 3 of Part 2 of the Migration Act 1958. The Tribunal was tasked with assessing the applicant's eligibility for points under various categories, including occupational qualifications, age, English language proficiency, and employment, applying the relevant legislative provisions and 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.

The Tribunal was required to determine the applicant's total points score based on the prescribed qualifications and points set out in Schedule 6B to the Regulations, and to compare this score against the applicable pass mark. Specifically, the Tribunal had to consider whether the applicant's nominated occupation of Cook (ASCO Code 451311) was a 'skilled occupation' and whether she possessed a suitable skills assessment for it, entitling her to 60 points. The Tribunal also had to assess points for age, noting the applicant's date of birth, and for English language proficiency, based on her IELTS test results. Furthermore, the Tribunal needed to evaluate the applicant's claim for points related to specific employment, considering whether she had worked in her nominated occupation or a closely related skilled occupation for the required duration.

In its reasoning, the Tribunal found that the applicant was entitled to 60 points for occupational qualifications, as she had a suitable skills assessment for the nominated occupation of Cook. She was also awarded 30 points for age, being between 18 and under 30 years old at the time of application. For English language proficiency, the applicant received 15 points, having demonstrated competent English through her IELTS results. However, the Tribunal determined that the applicant was not entitled to points for specific employment, as the evidence did not establish that she had worked in her nominated occupation or a closely related skilled occupation for at least 36 months within the 48 months immediately preceding her visa application. Consequently, the Tribunal affirmed the decision under review.