Ling Chuo Shern (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled Nominated (Permanent) visa (Class SN), subclass 190. The dispute concerned whether the applicant satisfied the points test criterion for the visa, specifically in relation to their nominated occupation of General Practitioner.

The Tribunal was required to determine if the applicant achieved the qualifying score for the visa, as assessed against the relevant legislative instruments and the points system prescribed by Schedule 6D to the Regulations. This involved assessing whether the applicant's score met the minimum score stated in their invitation to apply and the overall "qualifying score" required for the visa. The Tribunal also had to consider the points available for various attributes, including age and English language proficiency, and apply the law in force at the most favourable time for the applicant.

The Tribunal reasoned that the applicant was entitled to 25 points for age, as they were between 33 and 40 years old at the time of invitation. The decision also noted that the second applicant met the secondary criteria for the visa. However, the Tribunal concluded that the matter should be remitted for reconsideration, with a direction that the first applicant meets criterion cl 190.214 of Schedule 2 to the Regulations.