Flores (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Skilled Independent (Permanent) (Class SI) visa, subclass 189. The dispute centred on whether the applicant met the 'points test' criterion for the nominated occupation of Registered Nurse (Critical Care and Emergency). The applicant claimed overseas employment experience in the Philippines as a Registered Nurse and Australian study qualifications.

The Tribunal was required to determine if the applicant's assessed score under the points system, as prescribed by Schedule 6D to the Regulations and relevant legislative instruments, was not less than the score stated in the invitation to apply for the visa and not less than the 'qualifying score'. This involved assessing the points awarded for various attributes, including age, English language proficiency, and overseas employment experience, against the legislative requirements in force at the time of the delegate's and the Tribunal's assessments, applying whichever was more favourable to the applicant.

The Tribunal reasoned that while the applicant was entitled to points for age and English language proficiency, the crucial element was the overall score against the invitation score. The applicant provided evidence of her employment in the Philippines as a critical care emergency nurse, including details of her work and the hospital. However, after considering all the evidence, the Tribunal concluded that the applicant's assessed score under the points test was 60 points. This score was less than the score stated in the invitation to apply for the visa.

Consequently, the Tribunal found that the applicant did not satisfy the prescribed criterion for the grant of the visa, specifically clause 189.224. Therefore, the Tribunal affirmed the decision not to grant the visa.