Khan (Migration)

This matter concerned an application for a Skilled Nominated (Permanent) visa (subclass 190) by Mr Mehr Ali Khan. The dispute centred on whether Mr Khan met the points test requirements for the visa, specifically concerning his Australian work experience as a motor mechanic. The Administrative Appeals Tribunal (AAT) was required to determine if Mr Khan's assessed score met the qualifying score stipulated for the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the points test criterion, which requires an applicant's score to be not less than the score stated in the invitation to apply and not less than the "qualifying score". This involved assessing the points available under Schedule 6D to the Regulations for various attributes, including age, English language proficiency, and overseas employment experience, against the relevant legislative framework and the pass mark in force at the time. The Tribunal also considered the definition of a "skilled occupation" as it applied to the applicant's nominated occupation of Motor Mechanic (ANZSCO 321211).

The Tribunal found that the applicant was entitled to 30 points for age and 10 points for English language proficiency. However, the applicant's claim for points related to overseas employment experience was not detailed in the provided text. Crucially, the Tribunal determined that the applicant's total score under the points test was a maximum of 60 points. As this score was less than the qualifying score of 65 points, the applicant did not satisfy the criterion for the visa. Consequently, the Tribunal affirmed the decision not to grant the visa to the first applicant. The Tribunal also noted that it lacked jurisdiction in respect of the second applicant.