Kaur (Migration)

This matter concerned an application for a Skilled Nominated (Permanent) visa (Subclass 190) by the applicant, Ms Kaur. The primary dispute revolved around whether Ms Kaur met the points test requirements for the visa, specifically concerning her claimed Australian work experience as a Baker. The Administrative Appeals Tribunal (AAT) was tasked with reviewing the delegate's decision.

The legal issues before the Tribunal were whether the applicant satisfied the points test criterion, requiring her score to be not less than the score stated in her invitation to apply and not less than the qualifying score. This involved assessing the points awarded for various attributes, including age, English language proficiency, overseas and Australian employment experience, educational qualifications, and state nomination, as prescribed by Schedule 6D to the Regulations and relevant sections of the Act. A key element was determining the credibility and duration of Ms Kaur's claimed work experience with various employers, particularly in light of inconsistencies and the insolvency of some businesses.

The Tribunal reasoned that while the applicant had a positive skills assessment as a Baker, this alone did not confirm she performed the full range of skills for a skilled position. It meticulously examined the evidence presented for each claimed period of employment, noting discrepancies in payslips and the lack of independent third-party corroboration for some claims. However, after considering various pieces of evidence, including bank statements, statutory declarations from former colleagues, and employer statements, the Tribunal was satisfied that Ms Kaur had been employed as a pastrycook at Triple Crust Bakery for approximately 24 months and as a baker at The Bakehouse Heathmont for approximately 13 months. Based on this assessment, the Tribunal calculated Ms Kaur's total points score to be 65, which met both the qualifying score and the score stated in her invitation. Consequently, the Tribunal remitted the application for reconsideration by the Minister, directing that Ms Kaur met the criterion under cl 190.214 of Schedule 2 to the Regulations.