Arshad (Migration)

This matter concerned an appeal by the applicant, Arshad, against a decision relating to a Skilled Nominated (Permanent) (Class SN) visa, Subclass 190. The core dispute revolved around whether the applicant met the points test requirements for the visa, specifically concerning their Australian employment experience. The case was heard by the Tribunal.

The primary legal issue before the Tribunal was to determine if the applicant's assessed score under the points test was not less than the score stated in their invitation to apply for the visa and not less than the qualifying score. This involved assessing various attributes for which points are awarded, including age, English language proficiency, and Australian employment experience, as prescribed by Schedule 6D to the Regulations and relevant legislative instruments. The Tribunal was required to apply the law in force at the time of the delegate's assessment and at the time of the Tribunal's assessment, favouring the applicant where more beneficial.

The Tribunal found that the applicant was entitled to 30 points for age and 20 points for Superior English language proficiency. While the applicant nominated the occupation of Accountant (General) ANZSCO 221111, the decision focused on the points test criteria. The Tribunal concluded that the applicant was entitled to a maximum of 85 points. As this score met or exceeded both the score stated in the invitation to apply and the qualifying score, the Tribunal determined that the applicant satisfied clause 190.214 of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the application for the Skilled Nominated (Permanent) visa for reconsideration by the Minister, with the direction that the applicant meets the criterion specified in clause 190.214.