Goebel (Migration)

The applicant, Goebel, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse his application for a Skilled Independent visa (subclass 189). The primary dispute concerned whether Goebel had achieved the qualifying score required under the relevant migration regulations to be eligible for the visa.

The court was required to determine whether the delegate of the Minister had erred in law in assessing Goebel's points score for the Skilled Independent visa. Specifically, the court had to consider whether the delegate had correctly applied the criteria for awarding points for employment experience and whether the delegate's conclusion that Goebel had not met the minimum points threshold was reasonable and supported by the evidence.

In its reasoning, the court examined the provisions of the *Migration Regulations 1994* (Cth) and relevant ministerial directions concerning the assessment of points for skilled migration visas. The court considered the applicant's claimed employment experience and the evidence provided to substantiate those claims. The court found that the delegate had made a jurisdictional error by failing to properly consider all the evidence relating to Goebel's employment experience and by misinterpreting the criteria for awarding points. The court concluded that the delegate's assessment of the points score was not open on the evidence before them.

The court ordered that the decision of the Minister be set aside and remitted to the Minister for redetermination according to law.