Ogunlola (Migration)

The applicant, Mr Ogunlola, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the refusal to grant him a Skilled Nominated (Permanent) (Class SN) visa, subclass 190. The AAT's decision was made by Senior Member Kira Raif.

The central legal issue before the AAT was whether Mr Ogunlola met the points test criteria for the visa, specifically whether he was employed in his nominated occupation at a skilled level and whether his skills assessment was sufficient. The AAT was required to determine if the applicant satisfied clause 190.214 of the relevant migration regulations, which is a prescribed criterion for the grant of this visa.

The Senior Member found that the applicant was entitled to a maximum of 55 points under the points test. As this score was less than the qualifying score required for the visa, the applicant did not satisfy clause 190.214. Consequently, the AAT affirmed the original decision not to grant the visa. The Tribunal affirmed the decision not to grant the visas.