Curran (Migration)

The Administrative Appeals Tribunal reviewed a decision by a delegate of the Minister to refuse a subclass 190 Skilled Nominated visa application. The applicant, who arrived in Australia in August 2014, had previously held various visas, including a visitor visa, a working holiday visa, and a temporary skilled visa. The application for the permanent subclass 190 visa was lodged on 15 March 2018 and refused on 3 October 2018.

The primary legal issue before the Tribunal was whether the applicant met the requirements for the grant of a subclass 190 visa, specifically clause 190.214(1) of Schedule 2 to the Regulations, which mandates meeting a qualifying score under the Migration Act's points system. The delegate had refused the application on the basis that the applicant's assessed score of 55 was less than the qualifying score, primarily due to insufficient points awarded for employment experience in Australia.

The Tribunal conducted a fresh assessment of the applicant's eligibility. It found that the applicant was entitled to 30 points for age, having been 25 years old at the time of invitation. Ten points were awarded for English language proficiency, evidenced by an IELTS test achieving a C2 level. Further, 10 points were granted for educational qualifications, specifically a Certificate III in Retail Baking, supported by a skills assessment from VET Assess. Finally, five points were awarded for State or Territory nomination, as the Victorian nomination had not been withdrawn.