Bhoji (Migration)

This matter concerned an application for a Skilled Independent (Permanent) visa (Subclass 189) by Ms. Bhoji. The applicant had nominated the occupation of Accountant (General) and claimed 95 points in her Expression of Interest, which was also her invitation score. The primary dispute revolved around the applicant's entitlement to the claimed points, particularly in relation to her employment experience, which had not been lodged in the visa application due to alleged errors by her migration agent. The decision was made by Member Mary Sheargold of the Tribunal.

The Tribunal was required to determine whether Ms. Bhoji satisfied the points test criterion for the visa. This involved assessing whether her score met or exceeded the score stated in her invitation to apply and the "qualifying score" as defined by the *Migration Act 1958* (Cth) and its associated regulations. Specifically, the Tribunal needed to consider the points applicable to her nominated occupation as prescribed in Schedule 6D to the *Migration Regulations 1994* (Cth) and the relevant legislative instrument, LIN 19/051.

The Tribunal reasoned that the applicant was entitled to the full 95 points she claimed. This conclusion was reached after considering the applicant's explanation that her migration agent had engaged a junior staff member to complete the visa application, resulting in the omission of claims for overseas and Australian employment experience. The Tribunal found that the applicant's assessed score of 95 points met the requirements of clause 189.224 of Schedule 2 to the Regulations, as it was not less than her invitation score and not less than the qualifying score. Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that Ms. Bhoji satisfied the criterion under cl 189.224.