Cui (Migration)

This matter concerned an application for a Skilled Nominated (Permanent) (Class SN) visa, Subclass 190, by an applicant who nominated the occupation of Registered Nurse (Surgical). The dispute centred on whether the applicant met the points test criterion for the visa. The decision was made by a member of the Tribunal.

The legal issues before the Tribunal were whether the applicant achieved the "qualifying score" required for the visa, and whether their assessed score was not less than the score stated in their invitation to apply. This involved assessing the applicant's eligibility for points under various parts of Schedule 6D to the Regulations, including age, English language qualifications, and potentially Australian study qualifications, against the legislative framework in force at the time of the delegate's assessment and the Tribunal's assessment, applying whichever was more favourable.

The Tribunal found that the applicant was entitled to 25 points for age, being 33 years old at the time of invitation. The applicant also demonstrated superior English language proficiency, as defined by the relevant instrument, through their PTE Academic test scores, entitling them to 20 points. The Tribunal concluded that the applicant was entitled to a maximum of 90 points under the points test. As this score met the requirements of the invitation and the qualifying score, the applicant satisfied clause 190.214 of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the applications for Skilled Nominated (Permanent) visas for reconsideration by the Minister, with a direction that the first applicant met the criterion specified in clause 190.214. The Minister was to consider the remaining criteria for the visa, including those relating to secondary applicants.