Lopez (Migration)

The Administrative Appeals Tribunal considered the application of Ms. Lopez for a Skilled Independent (Permanent) visa (Subclass 189). The dispute concerned the assessment of Ms. Lopez's points score under the relevant points test, specifically in relation to her partner status.

The primary legal issue before the Tribunal was whether Ms. Lopez was entitled to claim points for not having a spouse or de facto partner, given that she was separated from her husband, who had left Australia with no intention of returning, and divorce proceedings were contemplated. This determination was crucial for establishing whether her total points score met the threshold required for the visa grant and the score specified in her invitation to apply.

The Tribunal reasoned that Ms. Lopez's circumstances, including her separation and her husband's departure from Australia with no intention to return, meant she no longer had a spouse or de facto partner for the purposes of the points test. Consequently, she was entitled to claim the points allocated for this criterion. The Tribunal found that Ms. Lopez's total points score, including these points, was not less than the score stated in her invitation to apply and not less than the qualifying score.

Accordingly, the Tribunal remitted the application for the Skilled Independent (Permanent) visa to the Minister for reconsideration, with a direction that Ms. Lopez met the criterion under cl.189.224 of Schedule 2 to the Regulations.