1501432 (Migration)

This matter concerned an application for a Skilled Nominated (Permanent) visa, where the applicant, born on 10 January 1984, was invited to apply on 2 December 2014. The applicant nominated the occupation of University Lecturer (ANZSCO 242111). The Tribunal, constituted by Senior Member Antoinette Younes, was required to determine whether the applicant satisfied the points test criterion for the visa.

The central legal issue was whether the applicant's assessed score under the points test met the requirements stipulated in the invitation to apply and the 'qualifying score'. This involved assessing the applicant against the qualifications and points prescribed in Schedule 6D to the Regulations, and considering the pass mark in force at the time of the delegate's assessment and the Tribunal's assessment, applying whichever was more favourable. The Tribunal also had to determine if the nominated occupation was a 'skilled occupation' as defined by the relevant instrument.

The Tribunal considered the applicant's age and English language qualifications. For age, the applicant, being 30 at the time of invitation, was entitled to 30 points. Regarding English language proficiency, the applicant provided an IELTS result with an overall band score of 7.5. However, to obtain points for Superior English, an applicant must achieve a score of 8 in each of the four components, and for Proficient English, an applicant must achieve 7 in each of the four components. The applicant's IELTS results did not meet the criteria for either Superior or Proficient English. Consequently, the applicant was not awarded any points for English language proficiency.

The Tribunal concluded that the applicant was entitled to a maximum of 55 points under the points test. As this score was less than the score stated in the invitation to apply, the applicant did not satisfy clause 190.214 of the Regulations, a prescribed criterion for the grant of the visa. Accordingly, the Tribunal affirmed the decision not to grant the applicant the visa.