Harmandeep Singh (Migration)

The Administrative Appeals Tribunal considered an application by Harmandeep Singh for a Skilled Regional (Provisional) visa (Subclass 489). The dispute concerned whether the applicant met the points test criterion for the visa, specifically whether their assessed score was not less than the score stated in the invitation to apply and not less than the qualifying score.

The Tribunal was required to determine if the applicant satisfied the points test criterion under Subdivision B of Division 3 of Part 2 of the Migration Act 1958 (Cth). This involved assessing the applicant's score against the qualifications and points prescribed in Schedule 6D to the Regulations, 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. The Tribunal also had to consider whether the nominated occupation, Mixed Crop Farmer (ANZSCO 121216), was a "skilled occupation" as defined by the relevant legislative instrument.

The Tribunal reasoned that the applicant's age of 27 at the time of invitation entitled them to 30 points under Part 6D.1. Regarding English language proficiency under Part 6D.2, the Tribunal noted that proficient English required achieving a specified score in a Minister-approved test within three years of the application. The relevant instrument at the time of the delegate's assessment specified a minimum score of 185 in each component of the Cambridge English: Advanced (CAE) test. The Tribunal concluded that the applicant had achieved the score stated in the invitation to apply for the visa.

Consequently, the Tribunal found that the applicant satisfied clause 489.224 of Schedule 2 to the Regulations, as their score was not less than the score stated in the invitation and not less than the qualifying score. The Tribunal remitted the applications for Skilled Regional Sponsored (Provisional) visas for reconsideration, directing that the first applicant met this specific criterion and that the Minister should consider the remaining criteria, including those relating to any secondary applicant.