Alsheri (Migration)

The Administrative Appeals Tribunal considered the case of Mr Alsheri, an applicant for a Skilled Independent (Permanent) (Class SI) visa, subclass 189. The dispute centred on whether Mr Alsheri met the points test requirements for the visa, specifically whether his assessed score was not less than the score stated in his invitation to apply for the visa and not less than the qualifying score. The Tribunal was required to assess the applicant's eligibility against the points test criteria as prescribed in Schedule 6D to the Regulations and the relevant legislative instruments in force at the time of the delegate's assessment and the Tribunal's assessment, applying whichever was more favourable to the applicant.

The Tribunal's reasoning focused on the applicant's total score under the points test. It was established that the applicant was entitled to 25 points for age, as he was 34 at the time of invitation. The Tribunal also considered English language qualifications, noting that "Superior English" required a specific score in a specified test, such as a Pearson PTE Academic score of at least 79 in each of the four components. However, the provided text does not detail the applicant's English language proficiency score or how it was assessed.

Ultimately, the Tribunal concluded that the applicant was entitled to a maximum of 70 points under the points test. Crucially, this score was less than the score stated in the invitation to apply for the visa. As meeting the score stated in the invitation was a prescribed criterion for the grant of the visa under clause 189.224, the Tribunal affirmed the decision not to grant the visa.