Natarajan (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled Regional Sponsored (Provisional) (Class SP) visa, Subclass 489, by Mr. Natarajan. The dispute centred on whether Mr. Natarajan met the points test criterion for the visa, specifically concerning points allocated for Australian employment in his nominated occupation of Cook.

The primary legal issue before the Tribunal was to determine if Mr. Natarajan's assessed score under the points test was not less than the score stated in his invitation to apply and not less than the qualifying score. This involved assessing the applicant's eligibility for points under Schedule 6D to the Regulations, particularly in relation to Australian employment qualifications, and applying the relevant legislative provisions, including sections 93, 94, and 96 of the Act, and regulation 1.15I. The Tribunal also had to consider the points test as 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, apart from the points allocated for Australian employment qualifications (Part 6D.4), the applicant's claims for points under other categories were consistent with the delegate's assessment. After reviewing documentary and oral evidence, the Tribunal concluded that the applicant satisfied the criterion under clause 489.224 of Schedule 2 to the Regulations, which relates to meeting the points test. Consequently, the Tribunal remitted the applications for the visas to the Minister for reconsideration, with the direction that Mr. Natarajan meets the points test criterion.