Anureet (Migration)

The Administrative Appeals Tribunal considered an appeal by Anureet (the applicant) concerning a Skilled Independent (Permanent) visa (subclass 189). The applicant sought to have a decision reviewed by the Tribunal, with her family members also included in the application as members of the family unit.

The central legal issue before the Tribunal was whether the applicant satisfied the points test criterion for the visa. This involved determining if her assessed score met or exceeded the qualifying score required for the visa, as prescribed by the relevant legislation and instruments, including Schedule 6D to the Regulations and Legislative Instrument LIN 19/051. The Tribunal also had to consider the applicant's nominated occupation of External Auditor (ANZSCO code 221213) and whether she met the criteria for points relating to her age and English language proficiency.

The Tribunal found that the applicant was entitled to 30 points for her age, as she was 26 years old at the time of invitation. Furthermore, the Tribunal was satisfied that the applicant demonstrated superior English language proficiency, entitling her to 20 points, based on her PTE Academic Test Taker Score Report. The Tribunal noted that the applicant's nominated occupation of External Auditor was listed in the relevant instrument.

Consequently, the Tribunal remitted the applications for Skilled Independent (Permanent) visas for reconsideration. The Tribunal directed that the first named applicant meets the criterion specified in clause 189.224 of Schedule 2 to the Regulations. The applications of the second and third named applicants, who applied as members of the family unit, were also remitted for reconsideration in conjunction with the primary applicant's application.