Haque (Migration)

This matter concerned an appeal by Mr Haque against a decision regarding his application for a Skilled (Residence) (Class VB) visa, Subclass 885 (Skilled - Independent). The primary issue before the Tribunal was whether Mr Haque possessed the requisite "qualifying score" under the points-based system for this visa subclass, as assessed under Subdivision B of Division 3 of Part 2 of the *Migration Act 1958* (Cth).

The Tribunal was required to determine the legal issues surrounding the assessment of points for Mr Haque's visa application. This involved considering the qualifications and points prescribed in Schedule 6B to the *Migration Regulations 1994* (Cth), and the applicable pass mark as in force at the time of the delegate's assessment and the Tribunal's assessment, applying whichever was more favourable to the applicant. Specifically, the Tribunal needed to assess points for occupational qualifications, age, English language proficiency, and specific employment qualifications, in accordance with the relevant provisions and instruments.

The Tribunal reasoned that Mr Haque had nominated a skilled occupation, Cook (ASCO 4513-11), and possessed a suitable skills assessment, entitling him to 60 points under Part 6B.1 of Schedule 6B. Regarding age, the Tribunal found Mr Haque was between 18 and under 30 years at the time of application, awarding him 30 points under Part 6B.2. For English language proficiency, the Tribunal determined Mr Haque had achieved "vocational English" as evidenced by his IELTS test results, entitling him to 15 points under Part 6B.3, as he had nominated a trade occupation. The Tribunal concluded that the matter should be remitted for reconsideration, indicating that a final determination on the qualifying score had not been reached within the provided text.