Low (Migration)

This matter concerned an application for a Skilled Independent (Permanent) visa (Subclass 189) by the applicant, who had completed a Juris Doctor course. The applicant sought to have this qualification recognised as a 'doctorate' for the purposes of the points-based test. The Administrative Appeals Tribunal was required to determine whether the applicant met the points test criteria for the visa.

The primary legal issue before the Tribunal was whether the applicant's Juris Doctor qualification qualified for points as a 'doctorate' under the relevant legislative instruments and the Australian Qualifications Framework (AQF) and Tertiary Education Quality and Standards Agency (TEQSA) requirements. The Tribunal also needed to consider whether the applicant's study location and partner's qualifications met the relevant criteria for additional points. The Tribunal was to apply the law in force at the time of the delegate's assessment and at the time of the Tribunal's assessment, applying whichever was more favourable to the applicant.

The Tribunal found that the applicant's Juris Doctor course, while accepted and completed, was reclassified by the relevant authorities as a 'masters degree (extended)' rather than a 'doctorate'. This reclassification meant the applicant did not meet the criteria for points allocated to a doctorate qualification. However, the Tribunal determined that the applicant was entitled to 30 points for age and 20 points for English language proficiency. The Tribunal concluded that the applicant was entitled to a maximum of 80 points under the points test, which met the qualifying score and the score stated in the invitation to apply.

Consequently, the Tribunal remitted the application for the Skilled Independent (Permanent) visa for reconsideration by the Minister, with the direction that the applicant meets the criterion specified in clause 189.224 of Schedule 2 to the Regulations.