CARAMBAS (Migration)

This matter concerned an application for review of a decision by the Migration Review Tribunal regarding a Skilled Independent (Permanent) visa (Subclass 189). The applicant sought to challenge the Tribunal's assessment of their eligibility for the visa, specifically concerning the points test criteria.

The primary legal issue before the court was whether the applicant had achieved the qualifying score under the points test, applying the law in force at the time of the Tribunal's decision. This involved a detailed examination of various criteria, including age, English language proficiency, overseas employment experience, and Australian employment experience, as stipulated by the relevant regulations and instruments.

The court considered the applicant's age at the time of invitation, finding them entitled to 25 points. The applicant's English language proficiency was also assessed, with the court satisfied they had superior English and were entitled to 20 points. However, the court found that the applicant had not demonstrated sufficient overseas employment experience to qualify for points under that criterion. Regarding Australian employment, the court noted the delegate's finding that the applicant's employment as an Assistant in Nursing was not in their nominated occupation or a closely related one, and that their registration and skill level were insufficient for points to be awarded. The court ultimately remitted the matter for redetermination.