Anureet (Migration)

Anureet (Migration) [2023] AATA 3790 (24 October 2023)
DECISION RECORD
DIVISION:Migration & Refugee Division
APPLICANTS:  Mrs Anureet
Mr Sukhsagar Singh Sandhu
Miss Sagal Kaur Sandhu
REPRESENTATIVE:  Mr Amber Gupta (MARN: 0533773)
CASE NUMBER:  2108479
HOME AFFAIRS REFERENCE(S):          BCC2020/1345203
MEMBER:Alison Mercer
DATE:24 October 2023
PLACE OF DECISION:  Melbourne
DECISION:The Tribunal remits the applications for Skilled Independent (Permanent) visas for reconsideration, with the direction that the first named applicant meets the following criterion for a subclass 189 visa:
·cl 189.224 of Schedule 2 to the Regulations.

Statement made on 24 October 2023 at 5:04pm

CATCHWORDS
MIGRATION – Skilled Independent (Permanent) (Class SI) visa – Subclass 189 (Skilled – Independent) – points test – Australian work experience not in nominated skilled occupation or closely-related – employment as accountant and nominated occupation as external auditor – education, work experience and skills assessment – cash payments during trial period – current employment not included by oversight – spontaneous, detailed and credible oral evidence – occupations in same ANZSCO minor group – members of family unit – decision under review remitted
LEGISLATION
Migration Act 1958 (Cth), ss 65, 93, 94, 96(2), 350
Migration Regulations 1994 (Cth), rr 1.51I, 2.26AC, Schedule 2, cl 189.224, Schedule 6D
STATEMENT OF DECISION AND REASONS
APPLICATION FOR REVIEW

This is an application for review of a decision made by a delegate of the Minister for Home Affairs on 24 June 2021 to refuse to grant the applicants Independent (Permanent) (Class SI) subclass 189 (Skilled - Independent) visas under s 65 of the Migration Act 1958 (Cth) (the Act). This is a points-based visa designed for skilled applicants who have submitted an expression of interest and received an invitation to apply for the visa.
The first named applicant (the applicant) was invited to apply for the visa on 13 March 2020 and applied for the visa on 10 April 2020. The criteria for the grant of a subclass 189 - Skilled - Independent visa are set out in Part 189 - Skilled - Independent of Schedule 2 to the Migration Regulations 1994 (Cth) (the Regulations). The delegate refused to grant the visa because the applicant did not satisfy the ‘points test’ criterion in cl 189.224. The delegate found that the applicant’s invitation letter score was 95 points but that her score in the Schedule 6D Points Test as assessed by the delegate, was 90 points. In particular, the delegate did not award any points for the Australian work experience claimed by the applicant, as the delegate was not satisfied that she had worked at least 20 hours per week in her nominated occupation between 1 January 2019 and 1 January 2020, as claimed. The delegate therefore found that the applicant did not meet cl.189.224 and could not be granted a subclass 189 visa. The delegate also refused to grant the second and third named applicants (the applicant’s husband and child) subclass 189 visas, as they did not meet the secondary visa criteria requiring them to be members of the family unit of a person who held a subclass 189 visa, and there was no evidence that they met the primary criteria in their own right.
The Tribunal received a review application from the applicants on 30 June 2021. It was accompanied a copy of the delegate’s decision and an authority by which the applicants appointed a registered migration agent, Mr Amber Gupta, as their representative and authorised recipient for correspondence. The applicants also provided the following:
·confirmation of employment letter dated 9 April 2020 from Expert Business & Accounting Solutions Pty Ltd for the applicant for the position of Financial Accountant for the period 1 January 2019 to 1 January 2020 (20 hours per week);
·copies of the applicant’s qualifications (Bachelor of Accounting and Bachelor of Business degrees);
·marriage certificate;
·copies of the applicants’ passports;
·PAYG statement for the applicant for 2018/19;
·payslips for the applicant, various dates, 2019, issued by Expert Business;
·internship program completion certificate for the applicant dated 11 November 2019;
·skills assessment for the applicant for the occupation of External Auditor (ANZSCO 221213) issued to the applicant by CPA Australia on 18 May 2017;
·evidence of superannuation payments for the applicant; and
·applicant’s tax assessment notice for 2018/2019.
On 5 October 2021, the applicant’s agent provided the following statement from the applicant (dated 1 October 2021):
…
I am writing today with a big hope that my request will be considered and therefore my case will be reviewed at the earliest. In March 2020, when I received an invitation to apply for skilled independent (Permanent) visa after waiting quite a while (with due respect to processing time frame), I was on cloud nine. We were so positive with our file as it was loaded with our years of hard work. I have completed two degrees from Melbourne (Management and Accounting). My husband completed his associated degree in Civil Engineering from here. After claiming 8 bands in PTE, NAATI test, Professional year, Work experience, I was completely satisfied from my end. That was the best I could do. In between we started our family, we are blessed with a girl who will turn one this month.
All sudden, when we got such an unanticipated news of refusal since then we are in shock. We are so stressed, it was starting of my career. It’s impacting my parenting and lifestyle. We are hardworking couple, want to start my professional life to give the best to our child. It’s been really tough year, I want to join work to complete my family needs. Every corporate work prefers permanent resident candidates, each childcare centre is only affordable with residence docs. Another side, I am family oriented person. After my dad passed away, it was my grandfather who was at our back. This April, I lost him too and so unfortunate I couldn’t even join his last prayer. My daughter who is turning one 26th Oct she will never met him. She even didn’t met any of her grandparents. There were chances if we would have got residence. I seriously don’t know whom to blame. I couldn’t resist myself today from presenting my end. It’s all depending just on a single decision. It is my humble request to look into our case as early as you can. I will be extremely thankful for this act of kindness.
…
On 15 September 2023, the Tribunal wrote to the applicants via their agent to invite them to attend a hearing on 6 October 2023. They were requested to provide any additional material in support of their case by 29 September 2023.
On 2 October 2023, the Tribunal received the following submissions from the applicant:
…
I am writing to submit an appeal in response to the refusal of my visa application dated 24th June 2021. I respectfully request the Administrative Appeals Tribunal (AAT) to review the decision made by the Department of Home Affairs and reconsider my eligibility for the S/C 189 visa on the grounds of occupation likeness.
I acknowledge the documents and reasons provided in the visa refusal letter dated 20 April 2021. The primary basis for the refusal was the Department's contention that my employment in Australia during the relevant period did not align with the nominated skilled occupations of External Auditor (ANZSCO 221213) and Accountant (General) (ANZSCO 221111) as required for the points-based skilled migration visa I applied for.
In my submission, I would like to present additional information and clarification regarding my employment history and the nature of my duties during the specified period:
Relatedness of Occupations and Similar Job Duties:
While the Department argued that this document does not conclusively prove my employment as an External Auditor or Accountant (General), I would like to emphasize that my employment title, "Financial Accountant," aligns with the nominated occupation.
The confirmation of employment letter dated 9 April 2020, signed by Harpreet Sandhu (Accountant), confirms that my duties were those of an accountant. It is important to note that the roles of an External Auditor and an Accountant (General) often overlap, and my employment encompassed responsibilities relevant to both occupations.
Accountants and external auditors are professions with remarkably similar job duties, highlighting their strong correlation and interconnectedness within the financial domain.
These occupations share a common purpose and engage in parallel activities, making them highly alike in nature.
Both accountants and external auditors are responsible for scrutinizing financial data and ensuring its accuracy. Accountants meticulously handle financial records, prepare statements, and conduct financial analyses. Similarly, external auditors conduct detailed examinations of financial information, assessing its reliability and compliance with regulations. Both professions involve working with financial data, applying accounting principles, and providing essential insights into an organization's financial status.
Moreover, accountants and external auditors collaborate closely to ensure comprehensive financial reporting. Accountants often support external auditors by furnishing them with accurate financial records, facilitating their evaluation process. In turn, external auditors validate the work of accountants, offering an objective assessment of the financial statements and identifying potential areas for improvement.
The similarities in their job duties extend beyond financial reporting. Both occupations involve interpreting complex financial regulations, staying updated on accounting standards, and advising organizations on financial matters. Accountants and external auditors must possess a strong understanding of taxation rules, compliance requirements, and internal control frameworks. Their shared expertise enables them to address financial challenges effectively and contribute to the overall financial well-being of an organization.
Furthermore, the collaboration between accountants and external auditors enhances the overall quality and reliability of financial information. Their combined efforts foster transparency, accountability, and trust in the financial reporting process. By working hand in hand, they strive to maintain the highest standards of professionalism and ethical conduct, thereby reinforcing the integrity of financial practices.
In essence, the job duties of accountants and external auditors are remarkably similar, emphasizing the significant overlap between these professions. Their shared responsibilities, collaborative efforts, and expertise contribute to accurate financial reporting, regulatory compliance, and the overall financial health of organizations. Together, they form a cohesive framework that promotes transparency and ensures the reliability of financial information.
Please refer to a most recently issued work reference, dated 27/09/2023, from my previous employer, Mr. Harpreet Sandhu, Principal Accountant at Expert Business and Accounting Solutions. The reference outlines my responsibilities and contributions during my tenure as an Accountant from 1st January 2019 to 1st January 2020 as follows:
Date: 27/09/2023
To whom it may concern
RE: Anureet
I am writing to confirm that Mrs Anureet was working at Expert Business and Accounting Solutions as an Accountant from 1st January 2019 till 1st January 2020.
During her employment with us she was performing the following tasks under my supervision, other than the regular general accountant role:
· Preparation of financial reports and reports for management for the clients
· Helping with managing and identifying the financial risks for the clients’ entities.
· Assisting with ATO audits of the clients by way of collecting the source documents, reconciliations, client communications.
· Ensuring there is proper coherence with Australian tax law and various Accounting standards of the work pursued for the clients with proper citation to relevant tax laws and accounting standards at the time of work preparation when represented for internal review to the Principal Accountant.
· Conducting internal audits for the clients for ATO compliance and Accounting standards adherence by way of reconciliation with the source documents.
· Help establish internal audit objectives, and help with designing and implementing audit methodologies, processes and audit report criteria.
· Identifying if and where the processes are not being implemented effectively, advising on the changes to be implemented, and be a part of the implementing team.
I can confirm that Mrs Anureet has always completed her duties to the best of her ability and was a great addition to the team. If there is anything else, please feel free to contact me.
Yours sincerely,
Harpreet Sandhu
I believe this reference further attests to the relevance and similarity of my employment duties to both the External Auditor and Accountant (General) occupations.
Current Employment and Additional Documentation:
In addition to my previous employment, I wish to highlight my current position at Vision Taxation and Accounting Solutions, where I have been employed for the past 1.5 years. Here, I continue to be a valuable asset to the team, leveraging my proficient skills and dedication.
My journey at Vision Taxation and Accounting Solutions builds upon the experience I gained at Expert Business and Accounting Solutions. During my tenure at Vision Taxation and Accounting Solutions, my role has encompassed a wide range of responsibilities, mirroring the tasks I undertook at my previous workplace. These tasks include but are not limited to preparing BAS, managing financial matters, handling Individual Tax Returns, Company Tax Returns, and Payroll processing. Additionally, I am actively involved in collating and organizing data for ATO audits, client audits, and ensuring compliance. Furthermore, I contribute to the drafting of emails for audit responses and related communications.
My daily duties at Vision Taxation and Accounting Solutions align closely with the responsibilities of the nominated occupations, reaffirming the relevance of my employment to the External Auditor and Accountant (General) roles.
Skills Assessment in Both Occupations and Common Assessment Criteria:
My favorable skills assessments from CPA Australia, based on my Bachelor of Business (Accounting) from Cambridge International College, were intended to demonstrate my academic suitability for migration under ANZSCO 221213 - External Auditor and ANZSCO 221111 - Accountant (General). Although these assessments do not specifically address my Australian employment, it should be noted that they were instrumental in establishing my eligibility for the visa and the two occupations have the similar knowledge areas as depicted in the following table from CPA:
[table deleted due to formatting issues]
Department’s Policy: Relevance due to “career advancement pathway”
According to the department’s policy,
Closely-related occupations must be:
· in the same ANZSCO Unit Group or
· consistent with a career advancement pathway or
· recognised by an assessing authority that it is closely related to your nominated occupation, as part of your skills assessment
In the context of Accountant and External Auditor occupations, the criterion of being "consistent with a career advancement pathway" recognizes that while these roles may not be completely identical, they share a logical progression within the financial and auditing profession.
An individual working as an Accountant may possess skills, knowledge, and expertise that provide a strong foundation for transitioning into the role of an External Auditor. The roles of an Accountant and an External Auditor, although distinct, often entail overlapping competencies such as financial analysis, reporting, and compliance with accounting standards.
An individual starts their career as an Accountant, gaining experience in financial recordkeeping, preparation of statements, and conducting financial analyses. This foundational experience equips them with a deep understanding of financial practices and principles. As they progress in their career, they may develop an interest in assurance and compliance, which are key aspects of auditing.
Given this trajectory, it is reasonable to expect that an experienced Accountant, possessing a strong foundation in financial reporting, could transition into the role of an External Auditor with relative ease. The skills acquired as an Accountant provide a valuable platform for understanding and executing the responsibilities of an External Auditor.
Furthermore, the transition from Accountant to External Auditor is recognized within the industry as a logical career progression. Many professionals in the accounting field pursue auditing roles as they advance in their careers, as it offers a deeper level of scrutiny and assurance in financial reporting.
Overall, the criterion of being "consistent with a career advancement pathway" acknowledges that individuals in related occupations, such as Accountant and External Auditor, may follow a logical career trajectory where skills acquired in one role serve as a valuable foundation for progression into another. This understanding reflects the practical realities of career development within the financial and auditing profession.
Conclusion
This submission highlights the interconnectedness and relatedness of the Accountant (General) and External Auditor occupations, underscoring the validity of my claim that my employment during the specified period was closely related to both professions.
Furthermore, I provided an explanation of the "consistent with a career advancement pathway" criterion in the context of Accountant and External Auditor occupations. This concept recognizes the logical progression between these roles, acknowledging that while not identical, they share essential competencies.
In light of the above information, I respectfully submit that my employment during the specified period in Australia was closely related to the nominated skilled occupations. My duties as a Financial Accountant and Accountant encompassed responsibilities consistent with both the External Auditor and Accountant (General) occupations, making me eligible for the points-based skilled migration visa.
I kindly request that the AAT conduct a thorough review of my case and reconsider my eligibility for the visa in accordance with the evidence presented herein. I am prepared to provide any additional information or attend any further hearings or interviews as necessary to support my case.
Thank you for considering my appeal, and I look forward to a fair and just resolution of this matter.
…
The supporting documents provided included the following:
·work reference for the applicant dated 27 September 2023 from Vision Taxation & Accounting Solutions;
·work reference for the applicant dated 27 September 2023 from Expert Business & Accounting Solutions;
·form 80 completed by the applicant;
·positive skills assessment issued to the applicant on 18 May 2017 by CPA Australia finding that her skills are suitable for the occupation of External Auditor (ANZSCO code 221213); and
·positive skills assessment issued to the applicant on 21 March 2019 by CPA Australia finding that her skills are suitable for the occupation of Accountant (General) (ANZSCO code 221111).
The applicants appeared before the Tribunal on 6 October 2023 to give evidence and present arguments. The Tribunal also received oral submissions from the applicant’s agent, who also attended the hearing.
The applicant told the Tribunal that once she had graduated from her Accountancy degree and obtained her positive skills assessment, she started looking for employment that would assist her in her permanent residence pathway. The applicant said that she wanted to work in her field, or a closely related one, as she had spent close to 5 years in Australia studying Business and Accountancy. The applicant told the Tribunal that she moved to Tasmania with the intention of obtaining regional sponsorship but was not happy there, and after 3 to 4 months, she moved back to Melbourne. After obtaining her English test results, she recommenced her efforts to secure employment in her field. The applicant said that she went door to door without success, and was ultimately referred to Mr Sandhu at Expert Business and Accounting Solutions (‘Expert Business’) by her old landlord, Mary. The applicant said that she lived in Ormond previously, in a property owned by Mary, and that she had kept in touch with Mary. Mary’s accountant was Mr Sandhu, and she arranged a meeting between the applicant and Mr Sandhu and vouched for the applicant. Mr Sandhu was uncertain about whether or not to take the applicant on, but offered her a set of work to complete as a test. She was given 7 days to do this but completed the work within 4 days. The applicant said that she made some errors but Mr Sandhu was satisfied with her work. She did several other similar jobs with him, for which she was paid a lump sum, and by mid-February 2019, he decided to take her on as an ongoing employee.

In response to the Tribunal’s query, the applicant confirmed she worked 20 hours per week for Expert Business, and that this involved a lengthy commute from her home in Craigieburn to the office in Carnegie by public transport initially and later by car. She acknowledged that this was time-consuming but told the Tribunal that she was committed to getting work experience with Expert Business. She did further research in her own time to improve her knowledge and experience. The applicant clarified that she also kept her ongoing job with Caltex (now Ampol) during this period. She said that she had worked for Caltex for several years at that time, and continued to do so now on weekends. The Caltex/Ampol position was convenient because it was close to her home in Craigieburn, and offered shifts (such as evenings and weekends) which she could fit in around her work for Expert Business (and her current employer). The applicant also noted that she could not survive financially on the wages from Expert Business alone.
In response to the Tribunal’s query, the applicant said that she was employed on an ongoing basis ‘on the books’ from mid-February or early March 2019. In response to the Tribunal noting that the bank statements she provided only went back to April 2019 and that the earliest funds transfer for her wages from Expert Business in them was in 18 April 2019, the applicant said that she believed she was being paid regularly earlier than that, but undertook to check her bank records and obtain clarification from Expert Business otherwise, as she recalled that she received 3 lump sum payments prior to being paid regularly each week for her 20 hours of work.
The applicant described her work at Expert Business, and how she gained experience and took on more tasks. She also described her colleagues – there were 6 or 7 other Accountants – noting that they were initially somewhat indifferent to her but over time, they came to respect and assist her in her work. The applicant said that her current employer was a previous Accountant with Expert Business, Mr Thind, who left to set up his own business (Vision Taxation), and who employed her on the strength of her work at Expert Business, which he had observed first-hand. The applicant said that she ceased work at Expert Business in January 2020 for several reasons: she fell pregnant around that time and suffered from severe morning sickness for 4 months, then the COVID-19 pandemic occurred, with significant lockdowns and social distancing restrictions being imposed in Melbourne. The applicant told the Tribunal that after her daughter turned 2, she approached Expert Business again about returning to work, but was offered a position with one of the other Accountants there, who left to start his own business. She remained with this employer, and he had provided a reference for her, including stating that he worked with her at Expert Business.
In relation to the letter from Mr Sandhu dated 16 April 2021 stating that he had paid her cash from January to April 2019, the applicant reiterated that she believed she was paid cash for a shorter period, and this was when she was doing work ‘on spec’ as part of a trial before Mr Sandhu decided to give her regular work.
In response to the Tribunal noting that the applicant did not include her employment at Expert Business in the form 80 she provided with her online application, which (amongst other things) required her to list all of her employment experience. The applicant conceded that this was an oversight on her part, as she was not sure whether she was supposed to include her current employment or not, and she did not check with her agent, and he uploaded the form without realising she had not listed her Expert Business employment. She stated that this was a genuine mistake on her part, but did not indicate that her work experience was not genuine.
Following the hearing, the Tribunal agreed to defer its decision to 20 October 2023 to enable the applicant to provide additional material about her lump sum payments from Expert Business.
On 12 October 2023, the Tribunal received the following additional submissions from the applicant:
…
Enclosed, please find the necessary attachments for your consideration in my final submission.
1.     Cash Payments and ATO Reporting:
I have confirmed with the payroll department that the initial three months and ten days of my employment at Expert Business were paid in cash. Although this has been duly reported to the Australian Taxation Office (ATO), I would like to draw your attention to the group certificate for the financial year 2019 (Period: 07/01/2019 to 30/06/2019) as supporting evidence.
2.     Superannuation Proof:
Superannuation contributions from Expert Business were made for a complete year, from 01/01/2019 to 31/03/2020. This serves as additional evidence of my year-long tenure. It's important to note that while I claimed employment until 01/01/2020, my official resignation date was not until 31/03/2020.
3.     Testimony from Vision Taxation:
I have attached the letter from Vision Taxation, wherein Mr. Swaraj Thind, the Director, acknowledges witnessing my performance of various duties. This affirms the depth of my involvement in my designated roles.
Alongside my final submission, I would like to provide an additional testimonial from a former colleague Mr. Peeyush Arora who had the privilege of working with me at Expert Business and Accounting Solutions. I believe this testimonial serves as an additional testament to my capabilities and contributions during my tenure at Expert Business and Accounting Solutions.
4.     Pay Slips:
Included in the attachments are my pay slips, providing a clear record of my employment terms and payments. In conclusion, I would like to respectfully point out that there is no explicit mention within the provided guidelines that cash payments cannot be considered as valid experience. Both the group certificate and super statement affirm a year of continuous employment, while the director's letter underscores the mode of payment. I would have willingly continued for an additional three months despite health and Covid concerns if there had been explicit guidelines regarding the treatment of cash payments.
I am grateful for the opportunity to be heard and seen during our recent hearing, and I appreciate your consideration of my case.
…
The attached documents provided were:
·applicant’s superannuation statement from Spirit Superannuation showing contribution by Expert Business for the period 1 January 2019 to 31 March 2020, of $2,076.76, paid on 3 May 2021;
·applicant’s income statements for the financial years 2018/2019 and 2019/2020;
·applicant’s ATO statements for the same financial years;
·applicant’s payslips from January 2019 to January 2020;
·letter dated 27 September 2023 from Mr Swaraj Thind, director of Vision Taxation and Accounting Solutions, confirming the applicant has worked there for the past 1.5 years and that he hired her having observed her work while he was also employed with Expert Business, where they both undertook basic and advanced work in the following areas: preparing BAS, financial, Individual Tax Return, Company Tax Return and Payroll to sort and collect data for ATO audit/s, Client audit and Compliance, drafting the emails for audit/s response; and
·letter dated 11 October 2023 from Mr Peeyush Arora, who states that he worked with the applicant at Expert Business in 2019 – 2020, and that he worked there as an Accountant between 2019 and 2021, and that the applicant was working as an Accountant also and was an asset to the team.
For the following reasons, the Tribunal has concluded that the matter should be remitted for reconsideration.
CONSIDERATION OF LAW, CLAIMS AND EVIDENCE
The issue in the present case is whether the applicant satisfies the points test criterion which requires that the applicant’s score, when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Act:
·is not less than the score stated in the invitation to apply for the visa and
·is not less than the ‘qualifying score’.
Subdivision B of Division 3 of Part 2 of the Act provides for a points system under which an applicant is given an assessed score based on a prescribed number of points for particular attributes. The qualifications and points applicable to this case are prescribed in Schedule 6D to the Regulations (reg 2.26AC). An applicant achieves the qualifying score if their assessed score is more than or equal to the applicable pass mark (s 94 of the Act), which is set by the Minister from time to time under s 96(2). The Tribunal must consider the applicant against the qualifications and points prescribed in Schedule 6D, and the pass mark as in force at the time of the delegate’s assessment and as in force at the time of this assessment, and apply whichever is more favourable to the applicant (ss 93 and 350 of the Act).
Some elements of the points test relate to the nominated skilled occupation. An occupation is a ‘skilled occupation’ if: it is specified by the relevant instrument as a skilled occupation; and, if a number of points are specified in the instrument as being available - for which the number of points are available; and that is applicable to the person in accordance with the specification of the occupation (reg 1.15I). The relevant instrument for this purpose is Legislative Instrument LIN 19/051. In the present case, the applicant nominated the occupation of External Auditor (ANZSCO code 221213). The Tribunal is satisfied that LIN 19/051 lists the occupation of External Auditor.
Does the applicant have the qualifying score applying the law in force at the time of the delegate’s assessment?
Part 6D.1 – Age qualifications
Points are available under this Part if the applicant was aged between 18 and 44 years at the time of invitation to apply for the visa.
At the time of invitation the applicant was aged 26 years. Therefore, the applicant is entitled to 30 points under this part.
Part 6D.2 – English language qualifications
Points are available under this Part on the basis of the applicant’s level of English language proficiency at the time of invitation to apply for the visa.
The applicant claimed 20 points for having superior English, as defined in r.1.15EA, and she provided a PTE Academic Test Taker Score Report issued to her on 8 February 2019, indicating that she obtained an overall score of 85 points (with scores of 82 for listening, 79 for reading, 90 for speaking and 88 for writing) in a test undertaken on 8 February 2019.
The Tribunal is satisfied that this constitutes ‘superior English’ as defined in r.1.15EA and the relevant written instrument, IMMI 15/005.
Therefore, the Tribunal finds that the applicant is entitled to 20 points under this part.
Part 6D.3 – Overseas employment experience qualifications
Points may be available under this Part if, at the time of invitation to apply for the visa, the applicant had been employed outside Australia in the applicant’s nominated skilled occupation or a closely related skilled occupation for a period totalling at least 36, 60, or 96 months in the 10 years immediately before that time.
The applicant made no claims to any points under this Part, and provided no evidence of overseas employment experience.
Therefore, subject to consideration of Part 6D.5, the applicant not entitled to any points under this part.
Part 6D.4 – Australian employment qualifications
Points may be available under this Part if, at the time of invitation to apply for the visa, the applicant had been employed in Australia in the nominated occupation or a closely related skilled occupation for a period totalling at least 12, 36, 60 or 96 months in the 10 years immediately before that time.
In her visa application, the applicant claimed to have at least 12 months of employment experience in her nominated occupation (or a closely related occupation) in the 10 years immediately prior to being invited to apply for the visa. Specifically, she claimed that she worked as an Accountant for Expert Business and Accounting Solutions in Australia between 1 January 2019 and 1 January 2020. She provided a work reference from Expert Business & Accounting Solutions Pty Ltd in Melbourne stating that she had worked there as a Financial Accountant for a standard 20 hours per week between 1 January 2019 and 1 January 2020. She also provided her ATO notice of assessment for 2018/2019 listing her taxable income as $37,970 and payslips issued by her employer for the period 5 July 2019 to 20 December 2019.
As noted above, the delegate did not accept that the applicant had the claimed work experience above, finding that:
…
In support of your Australian employment claim you provided:
● Skills Assessment from CPA Australia for your nominated occupation of ANZSCO 221213 - External Auditor dated 18 May 2017
● Skills Assessment from CPA Australia for the occupation of ANZSCO 221111 - Accountant (General) dated 21 March 2019.
● Confirmation of employment letter dated 9 April 2020 and signed by Harpreet Sandhu (Accountant). This letter states you were employed as a permanent part time Financial Accountant from 1 January 2019 till 12 January 2020, receiving a salary package of $20,800 p.a and working a 20 hour week.
● Australian Taxation Office (ATO) Notice of Assessment for financial year ending 30 June 2019. This document states your taxable income was $37,970.
● PAYG payment summary for period of payment of 7 January 2019 to 30 June 2019 issued by Expert Business & Accounting Solutions Pty Ltd for Gross Payment amount of $9,792 and Total Tax Withheld amount of $240.
● Six payslips from 'Expert Business &' spanning 5 July 2019 through to 20 December 2019 all for the net pay amount of $398 and all state that your classification is that of an Accountant.
● Form 80 dated 29 March 2020.
On 14 April 2021 an initial assessment was undertaken on your Skilled - Independent (SI 189) (Points-Tested) visa application.
A letter of request for further employment evidence along with other requirements was sent to you on 14 April 2021. In this letter you were requested to provide the following:
Evidence of employment
Provide evidence of your claimed period of employment prior to the date of invitation.
Specifically, provide evidence of your employment at:
Position: ACCOUNTANT
Employer name: EXPERT BUSINESS AND ACCOUNTING SOLUTIONS
Country: AUSTRALIA
Date from: 1 January 2019
Date to: 2 January 2020
Evidence may include but is not limited to:
● bank statements showing salary payments
● superannuation statement 2018/2019, 2019/2020.
You were afforded 28 days to respond to this request.
On 20 April 2021 you provided the following employment documents:
● Letter from employer dated 16 April 2021 and signed by Harpreet Sandhu, stating you were paid cash salary between 1 January 2019 to 5 April 2019.
● Letter dated 19 April 2021 from Spirit Super notifying of merger of Tasplan Super and MTAA Super to become Spirit Super.
● Letter dated 27 April 2021 from Spirit Super notifying of being in a 'Limited Service Period' until the beginning of May.
● Super transaction history statement showing transactions for the date range 5 February 2021 to 5 May 2021.
● Bank statements for statement period 1 April 2019 - 30 June 2019, 1 July 2019 to 30 September 2019, 1 October 2019 to 31 December 2019 and 1 April 2020 to 30 June 2020. Salary payments for 'CALSTORES PTY LT WAGE/SALARY' and 'Direct Credit 141000 Wages Anureet' are reflected.
I have considered the skills assessments you provided and place some weight on these items. However, the fact that you were able to obtain a favourable skills assessment in both your nominated skilled occupation of External Auditor and Accountant (General) is not evidence, of itself, that you were employed in either occupation, or a closely related skilled occupation, for the period claimed in the application. The task of determining whether an applicant satisfies the relevant employment experience criteria rests solely with the delegated Departmental officer, based on the delegate’s assessment of the documentary evidence of employment provided. I also note that the skills assessments provided from CPA Australia confirm the result of your assessments were based on your Bachelor of Business (Accounting) from Cambridge International College in their determining that you are academically suitable for migration under ANZSCO 221213 - External Auditor and ANZSCO 221111 - Accountant (General) and do not provide any assessment of your Australian employment nor your period of employment.
In order to be awarded points under Part 6D.4 of Schedule 6D, at the time of invitation to apply for the visa on 13 March 2020, you must have been employed in Australia in your nominated occupation or a closely related occupation for a period totalling at least 12 months in the 10 years immediately before the date of the invitation to apply for the visa.
I have considered the employment letters and pay slips you have provided. I find that these documents confirm that your position of employment with Expert Business & Accounting Solutions is that of ‘Financial Accountant and Accountant’. I further find that the duties listed in the confirmation of employment letter dated 9 April 2020 and signed by Harpreet Sandhu (Accountant) are that of an Accountant and are not duties performed in the role associated with an External Auditor. I therefore place significant weight on both the employment reference and pay slips provided. I find that these confirm that your employment was not as an External Auditor.
I have given consideration to the ATO Notice of Assessment for financial year ending 30 June 2019, the PAYG payment summary for period of payment of 7 January 2019 to 30 June 2019, the letters dated 19 April 2021 and 27 April 2021 from Spirit Super and the super transaction history statement showing transactions for the date range 5 February 2021 to 5 May 2021, however I am unable to establish from these documents that your claimed employment involved the duties of an External Auditor. These documents do not assist in establishing the period of your employment nor the hours worked. I place only some weight on these items.
I have also considered the Form 80 dated 29 March 2020 you have submitted where you have declared to the Department at Part F – Employment, Question 19, that you have been employed at a Caltex Petrol Station as a Crew Member since September 2017 to current.
I find the fact that you have not declared in your Form 80 your claimed employment with Expert Business and Accounting Solutions at all raises significant concern and doubt as to your being employed in your nominated occupation of External Auditor or in a closely related occupation with Expert Business and Accounting Solutions from 1 January 2019 as claimed.
I have considered the information in the Australian and New Zealand Standard Classification of Occupations (ANZSCO).
UNIT GROUP 2212 AUDITORS, COMPANY SECRETARIES AND CORPORATE TREASURERS
AUDITORS, COMPANY SECRETARIES AND CORPORATE TREASURERS conduct audits of accounting systems, procedures and financial statements, manage corporate funding and financial risk, and administer and review corporate compliance activities.
Indicative Skill Level:
In Australia and New Zealand:
Most occupations in this unit group have a level of skill commensurate with a bachelor degree or higher qualification. In some instances relevant experience and/or on-the-job training may be required in addition to the formal qualification. In the case of Corporate Treasurers and Company Secretaries, at least five years of relevant experience may substitute for the formal qualification (ANZSCO Skill Level 1).
Registration or licensing may be required.
Tasks Include:
· arranging, giving notice of and attending meetings of directors and shareholders
· advising organisations' governing boards on matters concerning compliance with stock exchange listing rules, relevant legislation and corporation practice
· supervising organisations' share capital by preparing documents and share issues, and handling share transfers
· controlling treasury and treasury systems and establishing and reviewing risk management objectives and treasury policies
· identifying, managing and reporting on financial risks
· assisting with equity management, debt management, securities and taxation planning issues
· collecting, analysing and interpreting information on the financial standing, cost structures and trading effectiveness of organisations
· devising, re-organising and establishing budgetary cost control and other accounting systems such as computer-based systems
· conducting audits and investigations and preparing financial statements and reports for management, shareholders, and governing and statutory bodies
· evaluating the cost effectiveness and risks of operational processes, activities, policies and systems
· reporting to management on the existence and effectiveness of the system of internal controls
· establishing audit objectives, and designing and implementing audit methodologies, processes and audit report criteria
Occupations:
221211 Company Secretary
221212 Corporate Treasurer
221213 External Auditor
221214 Internal Auditor
221211 COMPANY SECRETARY
Plans, administers and reviews corporate compliance activities and effective practice concerning company board meetings and shareholdings, ensuring all business matters and transactions are managed and implemented as directed by the board.
Skill Level: 1
221212 CORPORATE TREASURER
Alternative Title:
Financial Risk Manager
Manages corporate funding, liquidity and financial risk associated with the profitable
development and operation of an organisation. May be involved in acquisitions, disposals and joint ventures. Registration or licensing may be required.
Skill Level: 1
221213 EXTERNAL AUDITOR
Designs and operates information and reporting systems, procedures and controls to meet external financial reporting requirements. Registration or licensing is required.
Skill Level: 1
221214 INTERNAL AUDITOR
Alternative Title:
Audit Officer
Examines, verifies, evaluates and reports on financial, operational and managerial processes, systems and outcomes to ensure financial and operational integrity and compliance, and assists in business process reviews, risk assessments, developing deliverables and reporting progress against outcomes. Registration or licensing is required.
Skill Level: 1
I find that employment as an Accountant is not closely related to the nominated occupation of ANZSCO 221213 - External Auditor as per your invitation to apply for the visa. Under ANZSCO, occupations are grouped together to form “unit groups”.
Generally, all unit groups are at one skill level. Skill level is defined as a function of the range and complexity of the set of tasks performed in a particular occupation, and is generally measured by the required level or amount of formal education and training, previous experience in a related occupation, or on the job training.
I find that employment as an Accountant would be more closely related to the nominated occupation under ANZSCO, “unit group" 2211 Accountants.
UNIT GROUP 2211 ACCOUNTANTS
ACCOUNTANTS provide services relating to financial reporting, taxation, auditing, insolvency, accounting information systems, budgeting, cost management, planning and decision-making by organisations and individuals; and provide advice on associated compliance and performance requirements to ensure statutory and strategic governance.
Indicative Skill Level:
In Australia and New Zealand:
Most occupations in this unit group have a level of skill commensurate with a bachelor degree or higher qualification. In some instances relevant experience and/or on-the-job training may be required in addition to the formal qualification (ANZSCO Skill Level 1).
Registration or licensing may be required.
Tasks Include:
· assisting in formulating budgetary and accounting policies
· preparing financial statements for presentation to boards of directors, management, shareholders, and governing and statutory bodies
· conducting financial investigations, preparing reports, undertaking audits and advising on matters such as the purchase and sale of businesses, mergers, capital financing, suspected fraud, insolvency and taxation
· examining operating costs and organisations' income and expenditure
· providing assurance about the accuracy of information contained in financial reports and their compliance with statutory requirements
· providing financial and taxation advice on business structures, plans and operations
· preparing taxation returns for individuals and organisations
· liaising with financial institutions and brokers to establish funds management arrangements
· introducing and maintaining accounting systems, and advising on the selection and application of computer-based accounting systems
· maintaining internal control systems
· may appraise cash flow and financial risk of capital investment projects
Occupations:
221111 Accountant (General)
221112 Management Accountant
221113 Taxation Accountant
221111 ACCOUNTANT (GENERAL)
Provides services relating to compliance-based financial reporting, auditing, insolvency and accounting information systems; and advises on associated record-keeping requirements.
Registration or licensing may be required for certain services such as auditing.
Skill Level: 1
Specialisations:
Financial Analyst
Insolvency Consultant
Insolvency Practitioner
221112 MANAGEMENT ACCOUNTANT
Alternative Title:
Cost Accountant
Provides services relating to performance-based financial reporting, asset valuation, budgetary systems, cost management, pricing, forecasting and the strategic governance of organisations. Provides advice on financial planning, risk management, carbon sequestration projects and carbon pricing and provides management with reports to assist in decision making.
May provide insight into cost performance and support the implementation of benchmarking and quality improvement initiatives. Registration or licensing may be required.
Skill Level: 1
Specialisations:
Carbon Accountant
Commercial Accountant
Product Accountant
221113 TAXATION ACCOUNTANT
Alternative Titles:
Taxation Agent
Taxation Consultant
Analyses, reports and provides advice on taxation issues to organisations or individuals, prepares taxation returns and reports, and handles disputes with taxation authorities.
Registration or licensing may be required.
Skill Level: 1
I have assessed your claims of employment against the definition of “employed” and I am not satisfied that you have provided sufficient evidence to support your claims of having been engaged in your nominated occupation of External Auditor for remuneration for at least 20 hour a week from 1 January 2019 to 2 January 2020. Based on the evidence and information before me, I find that there is insufficient evidence to definitively ascertain your claims of skilled full time employment.
Following an assessment of your skilled employment experience claims I am not satisfied that you were employed in Australia in your nominated skilled occupation, or a closely related skilled occupation, for at least 12 months in the 10 years immediately before your invitation to apply for this visa. Based on this assessment, no points were given under this qualification.
…

The Tribunal had the benefit of receiving additional documentary and oral evidence from the applicant about her claimed work experience as an Accountant with Expert Business in Australia between January 2019 and January 2020. In particular, it had the opportunity to take detailed oral evidence from her at hearing. The Tribunal found that the applicant to be a credible witness who was able to provide detailed and spontaneous evidence about her work experience at Expert Business, including how she came to be employed there, the terms of her employment, the 2 different methods of payment over the year that she was employed there (cash and funds transfer to her bank account) and her duties and hours. She was also able to explain her commute to and from this workplace, and how she continued to also work locally with her long term employer, Caltex/Ampol, in addition to working for Expert Business.
Although there was a period during which the applicant was paid cash, the Tribunal accepts that this was because she was essentially in a work trial period until approximately February 2019 with Expert Business, at which point Mr Sandhu committed to giving her ongoing regular work of 20 hours per week. Prior to this period, the Tribunal accepts that the work given to the applicant to complete as part of the trial period by Mr Sandhu amounted to 20 hours per week, for which the applicant was paid in cash. This is consistent with her superannuation statement for that financial year and from the total amounts listed for her income in her PAYG summary statements.
The Tribunal is satisfied that the applicant’s failure to list this employment experience in her form 80 was a genuine oversight that was not spotted or corrected by her agent until the Department decision.
Finally, the Tribunal is satisfied that the applicant’s work at Expert Business was as an Accountant, and it is further satisfied that this occupation is closely related to the applicant’s nominated occupation of External Auditor. In reaching this conclusion, the Tribunal finds that both these occupations are listed in the same Minor occupational group (Group 221) (a subset of the relevant Sub-Major Group) in the ANZSCO dictionary, require the same qualifications (a Bachelor degree or higher qualification, and in some cases, additional work experience and/or on-the-job training) and have similar, although not identical, tasks. The Tribunal notes that according to the Department’s Procedures Advice Manual (PAM3, its policy guidelines for its decision-makers, current version 19 October 2023), occupations in the same subgroup in ANZSCO would normally be accepted as being ‘closely related’ for these purposes:
…
10.5 Closely related occupations
Applicants can claim points for employment in their nominated skilled occupation or a closely related skilled occupation in the 10 years immediately preceding the date of the invitation to apply for the visa. Although skilled employment experience within the 10 years immediately before the time of invitation to apply for the visa, would generally involve work in the applicant’s nominated skilled occupation, it is also policy to award points to applicants if their career has advanced, or the occupation has evolved in the relevant period. In these circumstances, to be awarded points, the claimed employment will need to be in a skilled occupation that is closely related to the applicant’s nominated skilled occupation.
Under ANZSCO, occupations are grouped together to form “unit groups”. Generally, all unit groups are at one skill level. Skill level is defined as a function of the range and complexity of the set of tasks performed in a particular occupation, and is generally measured by the required level or amount of formal education and training, previous experience in a related occupation, or on the job training.
Under policy, closely related skilled occupations are those occupations that fall within one unit group classified under ANZSCO. For example, if an applicant’s nominated occupation is Accountant (General) (221111) and the applicant has provided evidence of skilled employment in the occupations of Management Accountant (221112) and Taxation Accountant (221113), decision makers should consider these periods of employment as closely related for the purpose of awarding points.
For the purpose of awarding points, an applicant’s skilled employment experience can be in their nominated occupation or any closely related skilled occupation that appears on the skilled occupation list/s applicable to the visa subclass for which they have applied, see regulation 1.15I.
…
The Tribunal is satisfied, based on the fact that the occupations of External Auditor and Accountant involve similar skills and qualifications, and are listed in the same ANZSCO Minor Group (albeit not the same Unit Group), that they should be accepted as closely related occupations. The Tribunal is satisfied that the occupation of Accountant General is a skilled occupation listed in IMMI 19/051.
Accordingly, the Tribunal accepts that the applicant was employed in a closely related occupation to her nominated occupation for a period totalling 12 months (but less than 36 months) in the relevant period prior to being invited to apply for the subclass 189 visa.
Therefore, subject to consideration of Part 6D.5, the applicant is entitled to 5 points under this part.
Part 6D.5 - Aggregating points for employment experience qualifications
Under this part, if an applicant has qualifications mentioned in both Parts 6D.3 and 6D.4 and the combined number of points that would be awarded under those Parts is more than 20 points, 20 points must be given under this Part for the qualifications and no points are to be given under Part 6D.3 or 6D.4.
The combined number of points that would be awarded under Parts 6D.3 and 6D.4 is 5 points. As this is not more than 20 points, the applicant is entitled to no points under this part.
Part 6D.6 – Australian professional year qualifications
Five points are available under this part if, at the time of invitation to apply for the visa, the applicant had completed a professional year (that is, a course specified in an instrument) in Australia in the nominated occupation or a closely related skilled occupation for a period totalling at least 12 months in the immediately preceding 48 months.
The Tribunal concurs with the delegate’s finding that the applicant completed a Professional Year in Accounting, and provided a certificate indicating that she completed a Skilled Migration Internship Program – Accounting on 11 November 2019, which is within 48 months of being invited to apply for her visa on 13 March 2020.
Therefore, the applicant is entitled to 5 points under this part.
Part 6D.7 – Educational qualifications
An applicant may be entitled to points under this Part if, at the time of invitation to apply for the visa, he or she had met the requirements for the award of a specified Australian qualification or overseas qualification of a recognised standard. In determining whether an overseas qualification is of a ‘recognised standard’ (items 6D71(b), 6D72(b)), regard must be had to the matters set out in reg 2.26AC(5) which include recognition of the qualification by the relevant assessing authority, recognition of the qualification by a specified body, duration of the study and any other relevant matter.
The Tribunal is satisfied from the material on the Department file that the applicant completed a Bachelor of Business Accounting at Cambridge International College in Melbourne, Australia between 27 October 2014 and 25 December 2016. The Tribunal is satisfied that she therefore met the requirements for the award of at least a Bachelor degree from an Australian educational institution.
Therefore, the applicant is entitled to 15 points under this part.
Part 6D.7A – Specialist educational qualifications
Points may be awarded under this part if, at the time of invitation to apply for the visa, the applicant met the requirements for the award of a specialist educational qualification, as defined in reg 2.26AC(5A). The applicant must satisfy the Minister that they have met the requirements for the award of a masters degree by research, or a doctoral degree, which included at least 2 academic years of study at an Australian educational institution in a field of education specified in the relevant instrument.
The Tribunal is satisfied that the applicant made no claims and provided no evidence of meeting the specialist educational qualification requirement specified in Part 6D.7A at the time of the invitation to apply for this visa.
Therefore, the applicant is not entitled to any points under this part.
Part 6D.8 – Australian study qualifications
Five points may be awarded under this part if, at the time of invitation to apply for the visa, the applicant met the Australian study requirement, as defined in reg 1.15F of the Regulations. To meet the Australian study requirement, the applicant must satisfy the Minister that they have completed 1 or more degrees, diplomas or trade qualifications for award by an Australian educational institution as a result of a registered course or courses, for which all instruction was in English. The applicant must have undertaken the courses in Australia while holding a visa authorising study, and completed them in a total of at least 16 calendar months as a result of a total of at least 2 academic years study.
Based on the information supplied by the applicant to the Department about her Bachelor of Business Accounting degree at Cambridge International College in Australia, set out in the section above, the Tribunal is satisfied that this qualification satisfies the Australian study requirement set out in r.1.15F of the Regulations.
As the Australian study requirement had been met at the time of invitation, the applicant is entitled to 5 points under this part.
Part 6D.9 – Credentialled community language qualifications
Five points may be awarded under this part if, at the time of invitation to apply for the visa, the applicant had a qualification in a particular language awarded or accredited by a specified body, and at a specified standard for the language.
The Tribunal is satisfied, from the material provided to the Department by the applicant, that she was accredited by NAATI on 10 April 2019 in Hindi after undertaking a Credentialed Community Language Test.
Therefore, the applicant is entitled to 5 points under this part.
Part 6D.10 – Study in designated regional area qualification
Five points may be awarded under this part if, at the time of invitation to apply for the visa, the applicant met the Australian study requirement (as defined in reg 1.15F), the location of the campus(es) at which the study was undertaken and the location in which the applicant lived while undertaking the course of study were in a designated regional area. Distance education does not qualify as study for these purposes.
The Tribunal is satisfied that the applicant did not claim to have lived and studied in a designated regional area, and provided no evidence of having done so.
Therefore, the applicant is not entitled to any points under this part.
Part 6D.11 – Partner qualifications
Ten points may be awarded under this Part if the applicant does not have a spouse or de facto partner, or the applicant has a spouse or de facto partner who is an Australian citizen or permanent resident. Five points may be awarded under this Part if the applicant has a spouse or de facto partner who is an applicant for the same subclass and is not an Australian citizen or permanent resident and at the time the applicant was invited to apply for the visa, the spouse or de facto partner had competent English. Ten points may be awarded under this Part if the applicant has a spouse or de facto partner who is also an applicant for the same visa subclass and is not an Australian citizen or permanent resident and at the time the applicant was invited to apply for the visa, the spouse or de facto partner was under a specified age, nominated a specified skilled occupation, had been assessed as having suitable skills, and had competent English.
From its review of the Department file, the Tribunal is satisfied that:
·the applicant is legally married to Mr Sukhsagar Singh Sandhu (the second named applicant) and he was included in the visa application as a member of her family unit;
·Mr Sandhu is not an Australian citizen or permanent resident;
·Mr Sandhu was 25 at the time that the applicant was invited to apply for the visa on 13 March 2020;
·Mr Sandhu nominated the occupation of Civil Engineering Draftsperson, which is an occupation specified for these purposes under the relevant written instrument;
·Mr Sandhu provided a positive skills assessment for this occupation issued by Engineers Australia on 10 July 2018. The skills assessment is not stated to be for the purposes of a subclass 485 visa application; and
·Mr Sandhu undertook a PTE Academic English test on 13 April 2018 in Australia, in which he obtained an overall band score of 60, with scores of 56 for listening, 59 for reading, 58 for writing and 65 for speaking. The Tribunal is satisfied that this demonstrates that he had competent English, as defined in r.1.15C of the Regulations and written instrument IMMI 15/005.
Therefore, the applicant is entitled to 10 points under this part.
Part 6D.12 – State or Territory nomination qualifications
Points are available under this Part in certain circumstances for applicants who were invited to apply for a Subclass 190 (Skilled - Nominated) visa. The applicant in this case has not been invited to apply for such a visa and is therefore not entitled to any points under this part.
Part 6D.13 – Designated regional area nomination or sponsorship qualifications
Points are available under this Part in certain circumstances for applicants who were invited to apply for a Subclass 489 (Skilled - Regional) (Provisional) visa or a Subclass 491 (Skilled Work Regional (Provisional)) visa. The applicant in this case has not been invited to apply for such a visa and is therefore not entitled to any points under this part.
Conclusion on points
Based on the above assessment, having regard to the legislation in effect at the time of the delegate’s assessment, the number of points to be awarded to the applicant under Schedule 6D is:
6D.1 - Age  30 points
6D.2 - English language  20 points
6D.3 - Overseas employment experience  0 points
6D.4 - Australian employment experience  5 points
6D.5 - Aggregated employment  0 points
6D.6 - Australian professional year  5 points
6D.7 - Educational  15 points
6D.7A – Specialist educational  0 points
6D.8 - Australian study  5 points
6D.9 - Credentialled community language  5 points
6D.10 - Study in designated regional area qualification        0 points
6D.11 - Partner qualifications  10 points
6D.12 - State or Territory nomination  0 points
6D.13 - Designated regional area nomination or sponsorship qualifications          0 points
Total points  95 points
The applicant’s assessed score under the points system is therefore 95 points.
At the time of the delegate’s assessment, the pass mark was 60 points: Legislative Instrument LIN 19/210. The applicant has therefore achieved the qualifying score to pass the points test.
Has the applicant achieved the score stated in the invitation to apply for the visa?
It is also a requirement that the applicant’s score is not less than the score stated in the invitation to apply for the visa. The written invitation given to the applicant stated a score of 95 points. On the basis of the points assessment above, the Tribunal finds that the applicant has achieved the score stated in the invitation to apply for the visa.
For the above reasons, the Tribunal finds that the applicant is entitled to a maximum of 95 points under the points test. As the applicant’s score is not less than the score stated in the invitation to apply for the visa, and not less than the qualifying score, the applicant satisfies cl 189.224, which is a prescribed criterion for the grant of the visa. The appropriate course is to remit the application for the visa to the Minister to consider the remaining criteria.
As the second and third named applicants applied for the visas on the basis of being members of the family unit of the applicant, their applications will also be remitted to the Department for reconsideration upon its reconsideration of the applicant’s application.
DECISION
The Tribunal remits the applications for Skilled Independent (Permanent) visas for reconsideration, with the direction that the first named applicant meets the following criterion for a subclass 189 visa:
·cl 189.224 of Schedule 2 to the Regulations.
Alison Mercer
Member

[2023] AATA 3790

24 October 2023

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