Baguio (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Skilled Independent (Permanent) visa (Subclass 189). The applicant's nominated occupation was Registered Nurses (Medical), and the core dispute revolved around whether the applicant met the points test criteria for this visa. The applicant's ability to satisfy the requirements for proficient English and relevant work experience, particularly work undertaken after the application was lodged, were central to the assessment.

The Tribunal was required to determine if the applicant's assessed score met or exceeded the qualifying score for the visa, as stipulated by the relevant provisions of the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth), specifically Schedule 6D. This involved assessing whether the applicant met the criteria for age, English language proficiency, and skilled employment experience, applying 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 applicable. The Tribunal also had to consider the definition of a "skilled occupation" as specified by the relevant legislative instrument.

In its reasoning, the Tribunal examined the applicant's qualifications against the points test. It found that the applicant met the age requirement, entitling her to 30 points. Regarding English language proficiency, the applicant provided evidence of a PTE Academic test score report dated prior to her invitation to apply, which indicated a high level of proficiency. However, the Tribunal's decision ultimately affirmed the refusal of the visa. While acknowledging the applicant's valuable skills and the potential impact of her departure on healthcare services, the Tribunal stated it lacked the power to exercise discretion in this matter. The applicant was advised of the possibility of seeking ministerial intervention.