Grewal (Migration)

The Administrative Appeals Tribunal considered the case of Mr Grewal, who sought review of a decision not to grant him a Skilled Independent (Permanent) visa (Subclass 189). Mr Grewal had nominated the occupation of Microbiologist and claimed Australian study experience as part of his points-based application.

The primary legal issue before the Tribunal was whether Mr Grewal satisfied the points test criterion for the visa. This involved determining his assessed score against the qualifying score and the score stated in his invitation to apply, considering the relevant legislation and regulations, including Schedule 6D to the Regulations and instruments such as IMMI 19/051. The Tribunal was required to assess Mr Grewal's score under the law in force at the time of the original delegate's assessment and at the time of the Tribunal's own assessment, applying whichever was more favourable to him, as mandated by sections 93 and 350 of the Migration Act 1958 (Cth).

The Tribunal found that Mr Grewal did not satisfy clause 189.224 of Schedule 2 to the Regulations. This conclusion was reached in light of Mr Grewal's failure to provide any documentation to support his claims, particularly regarding his claimed Australian studies, and his lack of response to the Tribunal's requests for information. The Tribunal noted the absence of any evidence supporting his SkillSelect Expression of Interest (EoI) at any stage of the process. Consequently, the Tribunal affirmed the decision not to grant the visa.