GOOKOOLUK (Migration)

This matter concerned an application for a Skilled Independent (Permanent) visa (Subclass 189) by the applicant, Mr Gookooluk. The dispute centred on whether the applicant met the points test criterion for the visa, which requires achieving a qualifying score based on various attributes. The decision was made by the Tribunal.

The Tribunal was required to determine whether the applicant's assessed score, when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Migration Act 1958 (Cth), was not less than the score stated in the invitation to apply and not less than the 'qualifying score'. This involved assessing the applicant against the qualifications and points prescribed in Schedule 6D to the Migration Regulations 1994 (Cth), and the pass mark in force at the relevant times, applying whichever was more favourable to the applicant. The Tribunal also considered the definition of a 'skilled occupation' as specified in Legislative Instrument IMMI 16/060, in relation to the applicant's nominated occupation of Secondary School Teacher.

The Tribunal applied the provisions of the Act and Regulations, including ss.93, 94, 96(2), and r.2.26AC, and considered the points available under Schedule 6D. The applicant was awarded 15 points for age (being 42 at the time of invitation) and 10 points for proficient English. However, the provided text does not detail the assessment of overseas employment experience or any other potential points categories, nor does it state the applicant's total score or the qualifying score. The Tribunal noted that the legislative requirements in relation to this visa did not confer any discretion to waive requirements of the Schedule 6D points test.

The Tribunal affirmed the decision not to grant the visas.