1507266 (Migration)

This matter came before the Tribunal concerning an applicant's eligibility for a Subclass 485 (Skilled Graduate) visa. The central dispute revolved around whether the applicant met the 'qualifying score' as required by clause 487.222 of the Migration Regulations 1994, which is assessed under a points system outlined in Subdivision B of Division 3 of Part 2 of the Act.

The Tribunal was required to determine the applicant's eligibility for points under various categories, including occupational qualifications, age, English language proficiency, and specific employment. Crucially, the Tribunal had to consider the relevant regulations and pass marks in force at the time of the original delegate's assessment and at the time of the Tribunal's review, applying whichever was more favourable to the applicant, as mandated by sections 93 and 350 of the Act. The applicant's entitlement to be assessed against Schedule 6C, in addition to Schedule 6B, was also a key issue.

The Tribunal reasoned that the applicant qualified for assessment under Schedule 6B, having held a Subclass 573 visa on 8 February 2010 and applied for a Subclass 485 visa between 1 July 2010 and 1 July 2012, with the nominated occupation of motor mechanic being specified in the relevant instrument. The applicant was awarded 60 points for occupational qualifications, 25 points for age (being 32 at the time of application), and 15 points for English language proficiency based on IELTS results. The Tribunal noted that the applicant was also potentially eligible for points under Part 6B.4 for specific employment qualifications, but the assessment of this category was not completed within the provided text.

The Tribunal concluded that the matter should be remitted for reconsideration. This decision was based on the need to fully assess the applicant's eligibility under the applicable regulations and to ensure the most favourable assessment was applied.