1500495 (Migration)

This matter concerned an application for a Subclass 190 visa, where the primary applicant sought to challenge the decision not to grant the visa. The dispute centred on whether the applicant met the points test criterion, which requires their assessed score to be not less than the score stated in the invitation to apply and not less than the qualifying score. The applicant nominated the skilled occupation of Accountant General (ANZSCO 2211-11).

The Tribunal was required to determine if the applicant satisfied the points test criterion, considering the qualifications and points prescribed in Schedule 6D to the Regulations and the applicable pass mark. Specifically, the Tribunal had to assess the applicant's eligibility for points relating to age and English language proficiency at the time of their invitation to apply for the visa. The Tribunal also considered the provisions for overseas employment experience, although the detailed assessment of this element is not fully elaborated in the provided text.

The Tribunal found that the applicant was entitled to 25 points for age, as they were between 18 and 25 years old at the time of invitation. However, the applicant was not awarded any points for English language proficiency, despite providing an IELTS test report with an overall score of 7, as this did not meet the required threshold for points under Part 6D.2. Consequently, the Tribunal concluded that the applicant did not satisfy the points test criterion. As a result, the secondary applicants, who were dependent on the primary applicant's eligibility, also failed to meet the criteria for the visa.

The Tribunal affirmed the decision not to grant the visas to the applicants.