1516064 (Migration)

This matter concerned an application for a Skilled Regional Sponsored (Provisional) visa (Subclass 489). The applicant sought review of a decision by the Administrative Appeals Tribunal, which had remitted the application for reconsideration. The core dispute revolved around whether the applicant met the points test criterion for the visa, which requires the applicant's score to be not less than the score stated in the invitation to apply and not less than the qualifying score.

The Tribunal was required to determine if the applicant satisfied the points test criterion under Subdivision B of Division 3 of Part 2 of the Migration Act 1958 (Cth) and Schedule 6D to the Regulations. This involved assessing the applicant's score against the prescribed points for various attributes, including age, English language proficiency, and overseas employment experience, in relation to their nominated occupation of Wall & Floor Tiler. The Tribunal also had to consider the relevant legislative instruments, including Legislative Instrument IMMI 16/060, and apply the law in force at the time of the delegate's assessment and the Tribunal's assessment, whichever was more favourable to the applicant, as per sections 93 and 350 of the Act.

The Tribunal reasoned that the applicant was entitled to 30 points for age, as they were 29 years old at the time of invitation. However, the applicant was not entitled to any points for English language proficiency as they had not undertaken any specified tests. The Tribunal's decision indicates that the applicant was entitled to a maximum of 60 points under the points test. Based on this assessment, the Tribunal concluded that the applicant satisfied clause 489.224 of Schedule 2 to the Regulations, a prescribed criterion for the visa.

Consequently, the Tribunal remitted the application for the Skilled Regional Sponsored (Provisional) visa for reconsideration by the Minister, with the specific direction that the applicant meets the criterion under clause 489.224.