PARK (Migration)

This matter concerned an application for a Skilled Independent (Permanent) visa (Subclass 189) by an applicant who nominated the occupation of Registered Nurse – Nec. The applicant's eligibility for the visa was assessed by the Administrative Appeals Tribunal (AAT), with Member Rania Skaros presiding.

The central legal issue before the Tribunal was whether the applicant satisfied the points test criterion for the visa. This involved determining if the applicant's assessed score was not less than the score stated in their invitation to apply and not less than the 'qualifying score' of 60 points, as prescribed by the Act and relevant regulations, including Schedule 6D. The Tribunal was required to apply the law in force at the time of the delegate's assessment and at the time of its own assessment, applying whichever was more favourable to the applicant.

The Tribunal's reasoning focused on assessing the applicant's points for age and English language proficiency. The applicant, aged 37 at the time of invitation, was awarded 25 points for age. For English language proficiency, the applicant provided an IELTS test report demonstrating results that satisfied the definition of proficient English, entitling them to 10 points. Based on these assessments, the Tribunal concluded that the applicant was entitled to a maximum of 60 points under the points test.

Consequently, the Tribunal found that the applicant's score of 60 points met both the invitation score and the qualifying score. Therefore, the applicant satisfied the criterion under clause 189.214 of Schedule 2 to the Regulations. The Tribunal remitted the application for reconsideration by the Minister, with the direction that the applicant meets this specific criterion.