GOOKOOLUK (Migration)

[2017] AATA 2685

GOOKOOLUK (Migration) [2017] AATA 2685 (30 November 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Rakesh Sharma Gookooluk
Mrs Seema Gookooluk
Miss Ruchika Saini Saisamiksha Gookooluk

CASE NUMBER:  1607394

DIBP REFERENCE(S):  BCC2016/584310

MEMBER:Alison Mercer

DATE:30 November 2017

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal affirms the decision not to grant the applicants Skilled Independent (Permanent) visas.

Statement made on 30 November 2017 at 3:45pm

CATCHWORDS

Migration – Skilled Independent (Permanent) visa – Subclass 189 – Points test criterion – Qualifying score not achieved

LEGISLATION

Migration Act 1958, ss 65, 93, 94, 96(2), 350

Migration Regulations 1994, r 1.15D, r 1.15F, r 1.15I, r 2.26AC, Schedule 2, cl 189.214, Schedule 6D

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Immigration on 10 May 2016 to refuse to grant the applicants Skilled - Independent (Permanent) (Class SI) Subclass 189 (Skilled - Independent) visas under s.65 of the Migration Act 1958 (the Act). This is a points based visa designed for skilled applicants who have submitted an expression of interest and received an invitation to apply for the visa.

2. The first named applicant (the applicant) was invited to apply for the visa on 3 February 2016 and applied for the visa on 9 February 2016. The criteria for the grant of a subclass 189 visa are set out in Part 189 of Schedule 2 to the Migration Regulations 1994 (the Regulations). The delegate refused to grant the visa because the applicant did not satisfy the ‘points test’ criterion in cl.189.214. The delegate assessed the applicant’s points in the Schedule 6D points test as follows:

   ·Age (40 to 44)   15 points        

   ·English (proficient)   10 points

   ·Overseas employment experience (60 months in last 10 years)     10 points

   ·Australian employment experience (12 months in last 10 years)     10 points

   ·Aggregated employment experience  0 points

   ·Australian professional year (not applicable)  0 points

   ·Educational qualifications (recognised overseas Bachelor degree)  15 points

   ·Australian study qualifications (not applicable)  5 points

   ·Credentialled language qualifications (no claims made)                   0 points

   ·Study in regional Australia/low population metropolitan area 0 points

   ·Partner skills   0 points

   ·State/territory nomination  0 points

   ·Designated area sponsorship  0 points

   ·TOTAL POINTS  55 points

3. The delegate found that the applicant’s score was 55, which fell short of the required pass mark of 60 points.

4. The delegate also refused to grant subclass 189 visas to the second and third named applicants (the wife and daughter of the applicant) as the delegate found that they did not meet the secondary visa criteria requiring them to be members of the family unit of the person who met the primary visa criteria, and there was no evidence that they met the primary visa criteria in their own right.

5. The Tribunal received a review application from the applicants on 24 May 2016. It was accompanied by a copy of the delegate’s decision and a submission from the applicant, in which he made the following points (in summary):

   ·at the time that he made the visa application, he did not claim points for his wife (the second named applicant), because he misunderstood the Australian study requirement criterion and believed that he was entitled to 5 points under that criterion because he had a positive skills assessment from the Australian Institute for Teaching and School Leadership (AITSL);

   ·he tried to get advice on this criterion from the Department but was unable to get proper advice on it before making the visa application;

   ·his wife (the second named applicant) had now also received a positive skills assessment from AITSL; and

   ·he believed that he should therefore be entitled to a further 5 points for his wife’s skills and asked that the Tribunal take this into consideration, as it was very dismaying to them both that they had spent about $10,000 on the visa application, despite not being able to get proper advice from the Department.

6. On 15 July 2016, the applicants forwarded additional documents, and advised that the applicant’s wife had received a skills assessment from AITSL indicating that her skills had been found unsuitable for her nominated occupation of Secondary School Teacher (ANZSCO code 241411) due to the fact that her International English Language Testing System (IELTS) test results were not suitable. The AITSL letter was dated 6 July 2016. The applicant also attached his wife’s IELTS test result form dated 20 May 2016, which indicates that she received an overall band score of 7.5 for a test she undertook on 7 May 2016, with scores of 7.5 for listening, 6.5 for reading, 6.5 for writing and 8.5 for speaking. The applicant noted that his wife’s educational qualifications and professional criteria were assessed as suitable by AITSL, and it was only due to the IELTS results that her skills assessment was unsuccessful.

7. On 24 July 2017, the Tribunal wrote to the applicants to invite them to participate in a telephone hearing to be held on 16 August 2017.

8. On 31 July 2017, the applicants provided additional documents, being:

   ·letter dated 20 March 2017 from Presbyterian Ladies’ College (PLC) to the second named applicant confirming that the second named applicant had successfully completed her probation period and had now been permanently appointed to the Science Department;

   ·payslip from PLC for the second named applicant as a teacher for July 2017;

   ·payslip from the Department of Western Australian Department of Education to the applicant as a teacher at Kelmscott Senior High School for period January to May 2017; and

   ·IELTS test report form for the second named applicant dated 7 May 2016, with an overall band score of 7.5.

9. The applicants participated in a telephone hearing with the Tribunal on 16 August 2017 to give evidence and present arguments.

10. The applicant confirmed the contents of his written statement, and stated that he believed that the fact that he had a positive skills assessment as a Teacher from AITSL meant that he was entitled to 5 points in relation to the Australian study requirement. He reiterated that he had tried to clarify this issue with the Department before the time expired for him to lodge the visa application online, but had difficulty getting clear advice about the issue and had to lodge on the assumption that he was entitled to 5 points for the Australian study requirement. However, he felt another 5 points should be awarded due to the qualifications of his wife (the second named applicant). The applicants noted that the second named applicant had only been unsuccessful in her skills assessment application to AITSL because she was 0.5 points short in her IELTS results, yet her English was good enough for her to be offered employment by a prestigious girls’ school in Perth.

11. The Tribunal discussed with the applicants its preliminary view that, in order to be entitled for 5 points for his partner’s skills, those skills had to have already been assessed as suitable, and her occupation nominated, at the time that the visa application was made. In this case, they were seeking to do so after the visa application had been lodged. The Tribunal indicated that it would look closely at this issue before making a final determination, but that it appeared that there were no other headings under which the applicants could be awarded additional points.  In response to the Tribunal’s query, the applicant said that the highest qualification he had was a Master of Philosophy degree. He was to have undertaken a PhD but ended up not doing so.

12. The applicants told the Tribunal that they came to Australia in January 2015. Before making the subclass 189 visa application, they sought advice from the Department of Immigration and the Western Australian government about a possible state government sponsorship, but were advised that they would have to live and work in regional Western Australia for this to occur.  However, they already had teaching positions in schools in metropolitan Perth.  The applicant indicated that they had considered whether to make a new visa application but noted that this would entail considerable delay and costs to them. He felt that this should not be necessary, given that teachers were on the current Migration Occupations in Demand List.

13. Following the hearing, the applicants provided the following additional material:

    ·letter of offer of employment to the applicant from Kelmscott Senior High School for the position of Mathematics Teacher, dated 3 April 2017.

14. For the following reasons, the Tribunal has concluded that the decision under review should be affirmed.

    CONSIDERATION OF CLAIMS AND EVIDENCE

15. The issue in the present case is whether the applicant satisfies the points test criterion which requires that the applicant’s score, when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Act:

    ·is not less than the score stated in the invitation to apply for the visa and

    ·is not less than the ‘qualifying score’.

16. Subdivision B of Division 3 of Part 2 of the Act provides for a points system under which an applicant is given an assessed score based on a prescribed number of points for particular attributes. The qualifications and points applicable to this case are prescribed in Schedule 6D to the Regulations (r.2.26AC). An applicant achieves the qualifying score if their assessed score is more than or equal to the applicable pass mark (s.94 of the Act), which is set by the Minister from time to time under s.96(2). The Tribunal must consider the applicant against the qualifications and points prescribed in Schedule 6D (copy attached), and the pass mark as in force at the time of the delegate’s assessment and as in force at the time of this assessment, and apply whichever is more favourable to the applicant (ss.93 and 350 of the Act).

17. Some elements of the points test relate to the nominated skilled occupation. An occupation is a ‘skilled occupation’ if: it is specified by the relevant instrument as a skilled occupation; and, if a number of points are specified in the instrument as being available - for which the number of points are available; and that is applicable to the person in accordance with the specification of the occupation (r.1.15I). The relevant instrument for this purpose is Legislative Instrument IMMI 16/060. In the present case, the applicant nominated the occupation of Secondary School Teacher.

    Does the applicant have the qualifying score applying the law in force at the time of the delegate’s assessment?

    Part 6D.1 – Age qualifications

18. Points are available under this Part if the applicant was aged between 18 and 44 years at the time of invitation to apply for the visa.

19. At the time of invitation, the applicant was aged 42. Therefore, the applicant is entitled to 15 points under item 6D14 of this part.

    Part 6D.2 – English language qualifications

20. Points are available under this Part on the basis of the applicant’s level of English language proficiency at the time of invitation to apply for the visa.

21. The applicant provided evidence to the Department that he had proficient English, as defined in r.1.15D.

22. Therefore, the applicant is entitled to 10 points under item 6D22 of this part.

    Part 6D.3 – Overseas employment experience qualifications

23. Points may be available under this Part if, at the time of invitation to apply for the visa, the applicant had been employed outside Australia in the applicant’s nominated skilled occupation or a closely related skilled occupation for at least 36, 60, or 96 months in the 10 years immediately before that time.

24. The applicant provided evidence to the Department that he had been employed in his nominated occupation of Secondary Teacher for 5 years in New Zealand (a period totalling at least 60 months but less than 96 months) in the 10 years immediately before being invited to apply for the visa.

25. Therefore, subject to consideration of Part 6D.5, the applicant is entitled to 15 points under item 6D32 of this part.

    Part 6D.4 – Australian employment qualifications

26. Points may be available under this Part if, at the time of invitation to apply for the visa, the applicant had been employed in Australia in the nominated occupation or a closely related skilled occupation for at least 12, 36, 60 or 96 months in the 10 years immediately before that time.

27. The applicant provided evidence to the Department that he had been employed in his nominated occupation for 1 year in the last 10 years (or at least 12 months).

28. Therefore, subject to consideration of Part 6D.5, the applicant is entitled to 5 points under item 6D41 of this part.

    Part 6D.5 - Aggregating points for employment experience qualifications

29. Under this part, if an applicant has qualifications mentioned in both Parts 6D.3 and 6D.4 and the combined number of points that would be awarded under those Parts is more than 20 points, 20 points must be given under this Part for the qualifications and no points are to be given under Part 6D.3 or 6D.4.

30. The combined number of points that would be awarded under Parts 6D.3 and 6D.4 is 15 points. As this is not more than 20 points, the applicant is entitled to no points under this part.

    Part 6D.6 – Australian professional year qualifications

31. Five points are available under this part if, at the time of invitation to apply for the visa, the applicant had completed a professional year (that is, a course specified in an instrument) in Australia in the nominated occupation or a closely related skilled occupation for at least 12 months in the immediately preceding 48 months.

32. The applicant did not provide any evidence to the Department of having completed a professional year in Australia in his nominated occupation or a closely related skilled occupation. He did not claim to have done so to the Tribunal.

33. Therefore, the applicant is not entitled to any points under this part.

    Part 6D.7 – Educational qualifications

34. An applicant may be entitled to points under this Part if, at the time of invitation to apply for the visa, he or she had met the requirements for the award of a specified Australian qualification or overseas qualification of a recognised standard. In determining whether an overseas qualification is of a ‘recognised standard’ (items 6D71(b), 6D72(b)), regard must be had to the matters set out in r.2.26AC(5) which include recognition of the qualification by the relevant assessing authority, recognition of the qualification by a specified body, duration of the study and any other relevant matter.

35. The applicant provided evidence to the Department that he had completed the following qualifications overseas:

    ·Master of Philosophy degree from University of Mauritius (2001 to 2003);

    ·Bachelor of Electronics and Communications Engineering from Kakatiya University in India (1993 to 1997); and

    ·Graduate Diploma/Postgraduate Certificate in Education from University of South Africa (2005).

36. Under this Part, no specific points are awarded for courses at Masters degree level, but points are awarded for a course that is at least Bachelor degree level.

37. Therefore, the applicant is entitled to 15 points under item 6D72 of this part.

    Part 6D.7A – Specialist educational qualifications

38. Five points may be awarded under this part if, at the time of invitation to apply for the visa, the applicant met the requirements for the award of a specialist educational qualification, as defined in r.2.26AC(5A). The applicant must satisfy the Minister that they have met the requirements for the award of a masters degree by research, or a doctoral degree, which included at least 2 academic years of study at an Australian educational institution in a field of education specified in the relevant instrument.

39. The applicant did not claim to have undertaken a masters degree by research, or a doctoral degree, which included at least 2 academic years of study at an Australian educational institution in a field of education specified in the relevant instrument.

40. Therefore, the applicant is not entitled to any points under this part.

    Part 6D.8 – Australian study qualifications

41. Five points may be awarded under this part if, at the time of invitation to apply for the visa, the applicant met the Australian study requirement, as defined in r.1.15F of the Regulations. To meet the study requirement, the applicant must satisfy the Minister that they have completed 1 or more degrees, diplomas or trade qualifications for award by an Australian educational institution as a result of a registered course or courses, for which all instruction was in English. The applicant must have undertaken the courses in Australia while holding a visa authorising study, and completed them in a total of at least 16 calendar months as a result of a total of at least 2 academic years study.

42. The applicant gave evidence to the Tribunal that he had not undertaken any study in Australia that would meet the Australian study requirement. As discussed above, he initially believed that he was entitled to 5 points under this part as he had received a positive skills assessment as a Secondary School Teacher from AITSL (the Australian assessing authority for his nominated occupation). However, the skills assessment process is different from the Australian study requirement set out in r.1.15F, which requires that the applicant had completed an Australian degree, diploma or trade qualification at the time that he was invited to apply for the visa. The Tribunal notes that ‘trade qualification’ is defined in r.2.26AC(6) as a qualification obtained in Australia as a result of the completion of an indentured apprenticeship, a training contract, part-time formal training at a technical college or college of technical and further education, employment or at least a Certificate III under the Australian Qualifications Framework. It does not include a skills assessment issued by the relevant assessing authority for a particular occupation.

43. As the Australian study requirement had not been met at the time of invitation, the applicant is not entitled to any points under this part.

    Part 6D.9 – Credentialled community language qualifications

44. Five points may be awarded under this part if, at the time of invitation to apply for the visa, the applicant had a qualification in a particular language awarded or accredited by a specified body, and at a specified standard for the language.

45. The applicant did not claim to have a qualification in a particular language awarded or accredited by a specified body, and at a specified standard, at the time that he was invited to apply for the visa.

46. Therefore, the applicant is not entitled to any points under this part.

    Part 6D.10 – Study in regional Australia or a low-population growth metropolitan area qualifications

47. Five points may be awarded under this part if, at the time of invitation to apply for the visa, the applicant met the Australian study requirement (as defined in r.1.15F), and that study was undertaken, and the applicant lived, in a specified area of Australia. Distance education does not qualify as study for these purposes.

48. As noted above, the applicant did not claim to have met the Australian study requirement, whether in a specified area of Australia or elsewhere.

49. Therefore, the applicant is not entitled to any points under this part.

    Part 6D.11 – Partner Skill Qualifications

50. Five points may be awarded under this Part if the applicant has a spouse or de facto partner who is also an applicant for the same visa subclass and is not an Australian citizen or permanent resident. At the time the applicant was invited to apply for the visa, the spouse / partner must have been under 50 years of age, have nominated a specified skilled occupation, been assessed as having specified skills, and have competent English.

1. Based on the evidence provided by the applicants to the Department and the Tribunal, the Tribunal is satisfied that:

   ·the applicant’s wife (the second named applicant) is also an applicant for the same visa as the applicant and is not an Australian citizen or permanent resident;

   ·at the time that the applicant was invited to apply for the visa on 3 February 2016, the second named applicant was aged 43; and

   ·at the time that the applicant was invited to apply for the visa on 3 February 2016, the second named applicant had not nominated a specified skilled occupation, had not been assessed by the relevant assessing authority as having the skills for that occupation and had not sat a specified English test in which she obtained the required scores to demonstrate that she had competent English (as defined in r.1.15D).

2. The Tribunal acknowledges the evidence provided after lodgment of the visa application to both the Department and Tribunal indicating that the second named applicant:

   ·wished to nominate Secondary School Teacher as her nominated occupation;

   ·had undertaken IELTS English tests on 2 April 2016 and 7 May 2016 in which she obtained (respectively) an overall band score of 6.5 for scores of 6 for listening, 6 for reading, 6.5 for writing and 7.5 for speaking, and an overall band score of 7.5 for scores of 7.5 for listening, 6.5 for reading, 6.5 for writing and 8.5 for speaking; and

   ·had applied to AITSL for a skills assessment as a Secondary School Teacher on 3 May 2016. However, AITSL gave the second named applicant an unsuccessful outcome on 6 July 2016 due to her IELTS results falling short of its requirements.

3. As discussed with the applicants at hearing, the Tribunal accepts that the second named applicant’s English proficiency is sufficient for her to be employed in Australia in her nominated occupation of Secondary School Teacher and to meet the definition of ‘competent English’ in r.1.15D and the associated written instrument. However, she has not yet received a positive skills assessment from AITSL as a Secondary School Teacher.

4. Moreover, even if she were able to do so now, the second named applicant did not already have a positive AITSL skills assessment, had not undertaken an IELTS test and had not nominated an occupation at the time that the applicant was invited to apply for the subclass 189 visa on 3 February 2016 [Tribunal’s emphasis]. The wording of this part is very specific in requiring that all of the above criteria had to be in place at the time that the applicant was invited to apply for the visa, and it is not possible to obtain 5 points under this Part unless this was the case.

5. The Tribunal acknowledges that the applicant’s spouse (the second named applicant) clearly appears to have a skilled occupation (Secondary School Teacher, the same as the applicant) for which she has qualifications and English proficiency that have enabled her to find good employment in this field in Australia. However, under this Part, all of the requirements had to be met at the time that the applicant was invited to make the visa application. In this case, some of them were, but not all of them were. Unfortunately, the missing requirements cannot be rectified after the visa application has been made due to the strict wording used in this Part.

6. Therefore, the Tribunal must find that the applicant is not entitled to any points under this part, as, at the time that the applicant was invited to apply for the visa on 3 February 2016, the second named applicant had not nominated a skilled occupation, had not demonstrated visa a specified test that she had competent English and did not have a skills assessment from AITSL.

   Part 6D.12 – State or Territory nomination qualifications

7. Points are available under this Part in certain circumstances for applicants who were invited to apply for a subclass 190 (Skilled - Nominated) visa. The applicant in this case has not been invited to apply for such a visa and is therefore not entitled to any points under this part.

   Part 6D.13 – Designated area sponsorship qualifications

8. Points are available under this Part in certain circumstances for applicants who were invited to apply for a Subclass 489 (Skilled - Regional) (Provisional) visa. The applicant in this case has not been invited to apply for such a visa and is therefore not entitled to any points under this part.

   Conclusion on points

9. Based on the above assessment, having regard to the legislation in effect at the time of the delegate’s assessment, the number of points to be awarded to the applicant under Schedule 6D is:

   6D.1 - Age  15 points

   6D.2 - English language  10 points

   6D.3 - Overseas employment experience  10 points

   6D.4 - Australian employment experience  5 points

   6D.5 - Aggregated employment  0 points

   6D.6 - Australian professional year  0 points

   6D.7 - Educational  15 points

   6D.7A – Specialist educational  0 points

   6D.8 - Australian study  0 points

   6D.9 - Credentialled community language  0 points

   6D.10 - Study in regional / low-population area  0 points

   6D.11 - Partner skill  0 points

   6D.12 - State or Territory nomination  0 points

   6D.13 - Designated area sponsorship  0 points

   Total points  55 points

10. The applicant’s assessed score under the points system is therefore 55 points.

11. At the time of the delegate’s assessment the pass mark was 60 points: Legislative Instrument IMMI 12/017. The applicant has therefore not achieved the qualifying score to pass the points test.

    Has the applicant achieved the qualifying score applying the law in force at time of Tribunal’s assessment?

12. IMMI 12/017 remains in force as at the time of the Tribunal’s decision, and the pass mark remains 60 points. The Tribunal must find that the applicant has therefore not achieved the qualifying score to pass the points test as at the time of its assessment.

13. For the above reasons, the applicant is entitled to a maximum of 55 points under the points test. As the applicant’s score is less than the qualifying score, the applicant does not satisfy cl.189.214. As this is a prescribed criterion for the grant of the visa, the decision under review will be affirmed.

14. The Tribunal must also affirm the decision not to grant the second and third named applicants subclass 189 visas, as they do not meet the secondary visa criteria to be members of the family unit of a person who holds a subclass 189 visa, and there is no evidence to indicate that either of them meets the primary visa criteria in their own right.

15. The Tribunal appreciates that this outcome is very disappointing to the applicants, especially since the first and second named applicants are working in their nominated occupations in Australia, but the legislative requirements in relation to this visa do not confer any discretion on the Tribunal to waive any of the requirements contained in the Schedule 6D points test.

    DECISION

16. The Tribunal affirms the decision not to grant the visas.

    Alison Mercer
    Member

    
    

    ATTACHMENT:

    SCHEDULE 6D — GENERAL POINTS TEST FOR GENERAL SKILLED MIGRATION VISAS MENTIONED IN SUBREGULATION 2.26AC(1)

    (regulation 2.26AC)

    Part 6D.1    Age qualifications

​ Item	​At the time of invitation to apply for the visa, the applicant’s age was ...	Number of points​
6D11	not less than 18 and under 25	25
6D12	not less than 25 and under 33	30
6D13	not less than 33 and under 40	25
6D14	not less than 40 and under 45	15

Part 6D.2    English language qualifications

​Item	​At the time of invitation to apply for the visa, the applicant had ...	Number of points​
6D21	superior English	20
6D22	proficient English	10

Part 6D.3    Overseas employment experience qualifications

​Item	At the time of invitation to apply for the visa, the applicant ...​	Number of points​
6D31	had been employed outside Australia in: (a)  the applicant’s nominated skilled occupation; or (b)  a closely related skilled occupation; for a period totalling at least 36 months in the 10 years immediately before that time	5
6D32	had been employed outside Australia in: (a)  the applicant’s nominated skilled occupation; or (b)  a closely related skilled occupation; for a period totalling at least 60 months in the 10 years immediately before that time	10
6D33	had been employed outside Australia in: (a)  the applicant’s nominated skilled occupation; or (b)  a closely related skilled occupation; for a period totalling at least 96 months in the 10 years immediately before that time	15

Part 6D.4    Australian employment experience qualifications

​ Item	At the time of invitation to apply for the visa, the applicant ...​	Number of points​
6D41	had been employed in Australia in: (a)  the applicant’s nominated skilled occupation; or (b)  a closely related skilled occupation; for a period totalling at least 12 months in the 10 years immediately before that time	5
6D42	had been employed in Australia in: (a)  the applicant’s nominated skilled occupation; or (b)  a closely related skilled occupation; for a period totalling at least 36 months in the 10 years immediately before that time	10
6D43	had been employed in Australia in: (a) the applicant’s nominated skilled occupation; or (b)  a closely related skilled occupation; for a period totalling at least 60 months in the 10 years immediately before that time	15
6D44	had been employed in Australia in: (a)  the applicant’s nominated skilled occupation; or (b)  a closely related skilled occupation; for a period totalling at least 96 months in the 10 years immediately before that time	20

Part 6D.5    Aggregating points for employment experience qualifications

(1)  If an applicant has a qualification mentioned in Part 6D.3 and a qualification mentioned in Part 6D.4, and the combined number of points that would be awarded under those Parts for the qualifications is more than 20 points:

(a)  the Minister must give the applicant 20 points under this Part for the qualifications; and

(b)  no points are given under Part 6D.3 or 6D.4.

(2)  The prescribed number of points for the combination of qualifications is 20.

Part 6D.6    Australian professional year qualifications

​Item	At the time of invitation to apply for the visa, the applicant had completed ...​	Number of points​
6D61	a professional year in Australia in: (a)  the applicant’s nominated skilled occupation; or (b)  a closely related skilled occupation; for a period totalling at least 12 months in the 48 months immediately before that time	5

Part 6D.7  Educational qualifications

Item	​At the time of invitation to apply for the visa, the applicant had ...	Number of points
6D71	met the requirements for: (a) the award of a doctorate by an Australian educational institution; or (b) the award of a doctorate, by another educational institution, that is of a recognised standard	20
6D72	met the requirements for: (a) the award of at least a bachelor degree by an Australian educational institution; or (b) the award of at least a bachelor qualification, by another educational institution, that is of a recognised standard	15
6D73	met the requirements for the award of a diploma by an Australian educational institution	10
6D74	met the requirements for the award of a trade qualification by an Australian educational institution	10
6D75	attained a qualification or award recognised by the relevant assessing authority for the applicant’s nominated skilled occupation as being suitable for the occupation	10

Part 6D.7A    Specialist educational qualifications

Item	​At the time of invitation to apply for the visa, the applicant had ...	Number of points
6D7A1	the applicant met the requirements for the award of a specialist educational qualification	5

Part 6D.8    Australian study qualifications

​Item	​At the time of invitation to apply for the visa ...	Number of points​
6D81	the applicant met the Australian study requirement	5

Part 6D.9    Credentialled community language qualifications

​Item	​At the time of invitation to apply for the visa, the applicant had ...	Number of points​
6D91	a qualification in a particular language: (a)  awarded or accredited by a body specified by the Minister in an instrument in writing for this item; and (b)  at a standard for the language specified in the instrument	5

Part 6D.10    Study in regional Australia or a low-population growth metropolitan area qualifications

Item	​At the time of invitation to apply for the visa ...	Number of points​
6D101	each of the following applied: (a)  the applicant met the Australian study requirement; (b)  the location of the campus or campuses at which that study was undertaken is specified by the Minister in an instrument in writing for this item; (c)  while the applicant undertook the course of study the applicant lived in a part of Australia the postcode of which is specified by the Minister in an instrument in writing for this item; (d)  none of the study undertaken constituted distance education.	5

Part 6D.11    Partner skill qualifications

​Item	​Qualification	Number of points​
6D111	The spouse or de facto partner of the applicant (the primary applicant): (a)  is an applicant for the same subclass of visa as the primary applicant; and (b)  is not an Australian permanent resident or an Australian citizen; and (c)  was under 50 at the time the invitation to apply for the visa was issued to the primary applicant; and (d)  at the time of invitation to apply for the visa, nominated a skilled occupation, being an occupation specified by the Minister under paragraph 1.15I(1)(a) at that time; and  (e)  at the time of invitation to apply for the visa, had been assessed by the relevant assessing authority for the nominated skilled occupation as having suitable skills for the occupation and the assessment was not for a Subclass 485 (Temporary Graduate) visa; and (f)  at the time of invitation to apply for the visa, had competent English	5

Part 6D.12    State or Territory nomination qualifications

​Item	​Qualification	Number of points​
6D121	The applicant has been invited to apply for a Subclass 190 (Skilled — Nominated) visa, and the nominating State or Territory government agency has not withdrawn the nomination	5

Part 6D.13    Designated area sponsorship qualifications

​Item	​Qualification	Number of points​
6D131	The applicant has been invited to apply for a Subclass (Skilled – Regional) (Provisional) visa, and: (a)  the nominating State or Territory government agency has not withdrawn the nomination; or (b)  if the applicant is sponsored by a family member, the Minister has accepted the sponsorship	10