1514243 (Migration)

The Administrative Appeals Tribunal considered the applications of the first, second, and third named applicants for Skilled Nominated (Permanent) visas. The dispute centred on whether the first named applicant met the points test criterion for the visa, 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 second and third applicants' applications were dependent on the outcome of the first applicant's application.

The Tribunal was required to determine if the first named applicant possessed the qualifying score under the points test, applying the law in force at the time of the delegate's assessment. This involved assessing the applicant's eligibility for points based on prescribed attributes, including age and English language proficiency, as detailed in Schedule 6D to the Regulations and Legislative Instrument IMMI 15/091, and considering the relevant pass mark. The Tribunal also had to consider the applicant's nominated occupation, Developer Programmer, which was listed in IMMI 15/091.

The Tribunal reasoned that the applicant was entitled to 30 points for age, as they were 32 at the time of invitation. While the delegate had initially awarded no points for English language proficiency due to a lack of evidence, the Tribunal noted that the applicant subsequently provided a PTE Academic Test Taker Score Report demonstrating an overall score of 71, with all four components scoring 65 or more. The Tribunal found that a hearing was not necessary as it could determine the matter based on the material before it.

The Tribunal remitted the applications for reconsideration by the Department, with a direction that the first named applicant meets criterion cl.190.214 of Schedule 2 to the Regulations. The second and third named applicants' applications will be determined by reference to this outcome.