Khullar (Migration)

This matter concerned an application for a Skilled – Independent (Permanent) (Class SI) visa, Subclass 189, by an applicant who nominated the occupation of Production and Control Engineer. The applicant claimed a points test score of 80 points, which was the score required for their invitation to apply. The decision under review, which affirmed the refusal of the visa, was brought before the Tribunal for assessment.

The primary legal issue before the Tribunal was whether the applicant satisfied the points test criterion for the visa. This involved determining if the applicant's assessed score met or exceeded the score stated in their invitation to apply and the overall "qualifying score" as prescribed by the Act and relevant regulations. The Tribunal was required to consider the qualifications and points prescribed in Schedule 6D to the Regulations and apply the pass mark in force at the most favourable time for the applicant.

The Tribunal found that the applicant did not satisfy the points test criteria. Specifically, the applicant admitted that an English language test (PTE) relied upon for points was undertaken after the date of application. Furthermore, the applicant acknowledged that their overseas work experience was not precisely in Control Engineering, they had not undertaken an Australian Professional Year, and their Australian employment involved operating a glass cutting machine, not experience in Plant Control Engineering. These admissions indicated that certain claimed points were not substantiated or were based on qualifications obtained after the application was lodged, and that the nominated occupation requirements were not met.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Skilled – Independent (Permanent) (Class SI) visa, as the applicant failed to meet the essential criteria for the visa subclass.