Ji (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Skilled (Residence) (Class VB) visa, Subclass 885 (Skilled – Independent). The primary dispute concerned whether the applicant possessed the required "qualifying score" under the relevant legislative provisions, which are assessed through a points system. The applicant had nominated the occupation of 'Software and Applications Programmers (nec)'.

The Tribunal was required to determine if the applicant met the criteria for the "qualifying score" as stipulated by cl.885.221 of the Migration Regulations 1994, which involves assessing points under Subdivision B of Division 3 of Part 2 of the Migration Act 1958. This assessment involves applying the points prescribed in Schedule 6B to the Regulations, with the pass mark set by the Minister. The Tribunal also had to consider the applicant's eligibility for points under Schedule 6C if their assessed score was less than the applicable pass mark, and apply whichever legislative framework was more favourable to the applicant.

The Tribunal reasoned that the applicant was entitled to 60 points for occupational qualifications, having provided a successful skills assessment for 'Software and Applications Programmers (nec)'. The applicant was also awarded 20 points for age, being 38 at the time of application. However, the provided text does not detail the applicant's English language proficiency assessment or the final points tally, nor does it explicitly state the required qualifying score. The Tribunal affirmed the decision under review, indicating the applicant did not achieve the necessary points.

Separately, the Tribunal considered a request for referral for Ministerial Intervention. It noted that two of the applicant's children are Australian citizens and that Australia's obligations under the Convention on the Rights of the Child might be engaged. Consequently, the matter was referred for Ministerial Intervention.