1600949 (Migration)

The Administrative Appeals Tribunal considered a dispute concerning an applicant's eligibility for a Skilled Independent (Permanent) visa. The core of the disagreement revolved around whether the applicant met the points test criterion, which requires their assessed score to be not less than the score stated in their invitation to apply and not less than the "qualifying score." The applicant had nominated the occupation of Registered Nurse (Mental Health).

The Tribunal was tasked with determining if the applicant possessed the qualifying score under the relevant provisions of the Act and Regulations, specifically Schedule 6D, as in force at the time of the delegate's assessment and at the time of the Tribunal's assessment, applying whichever was more favourable to the applicant. This involved assessing points for age and English language proficiency, as well as considering overseas employment experience in the nominated skilled occupation.

The Tribunal found that the applicant, aged 26 at the time of invitation, was entitled to 30 points for age. Furthermore, based on their IELTS test results, which demonstrated scores of at least 7 in each of the four components, the applicant achieved "proficient English" and was awarded 10 points. However, 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 qualifying score, the applicant did not satisfy the criterion. Consequently, the Tribunal affirmed the decision not to grant the visa.