Inderjeet Singh (Migration)

This matter concerned an application for a Skilled Regional Sponsored (Provisional) visa (Subclass 489) by Inderjeet Singh. The dispute centred on whether Mr. Singh satisfied the points test criterion for the visa, specifically in relation to his overseas employment experience as a self-employed farmer. The decision was made by Jade Murphy, a Member of the Tribunal.

The primary legal issue before the Tribunal was to determine if Mr. Singh met the points test requirements for the visa, which involved assessing his score against the invitation to apply and the qualifying score. This required the Tribunal to consider the qualifications and points prescribed in Schedule 6D to the Regulations and the relevant pass mark as in force at the time of the delegate's and the Tribunal's assessments, applying whichever was more favourable to the applicant. A specific question was whether Mr. Singh's nominated occupation of Grain, Oilseed, or Pasture Grower (ANZSCO 121214) qualified him for points under the overseas employment experience component of the points test.

The Tribunal reasoned that while Mr. Singh was entitled to points for his age and had demonstrated a competent level of English, the crucial element was his overseas employment experience. The Tribunal noted that the applicant claimed to have been a self-employed farmer, with land registered in his mother's, brother's, and father's names, even after his father's death. Payments for produce were made in cash, and agricultural income was exempt from tax. Despite the Department's inability to access consistent and credible evidence, the Tribunal found that the applicant had provided sufficient documentation and sworn evidence from a village leader to establish his experience. Applying the law in force at the time of the delegate's assessment, the Tribunal concluded that Mr. Singh was entitled to a maximum of 65 points.

Consequently, the Tribunal remitted the application for the Skilled Regional Sponsored (Provisional) visa for reconsideration. The direction was that Mr. Singh met the criterion specified in clause 489.224 of Schedule 2 to the Regulations.