Rai (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking review of a decision concerning a Skilled Work Regional (Provisional) (Class PS) visa, Subclass 491. The applicant nominated the occupation of Enrolled Nurse.

The primary 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'. The Tribunal was required to assess the applicant's qualifications and points in accordance with Schedule 6D to the Regulations, considering the pass mark in force at the time of the delegate's assessment and the current assessment, applying whichever was more favourable to the applicant.

The Tribunal reasoned that points are awarded based on various attributes, including age, English language proficiency, and overseas employment experience. In this instance, the applicant, aged 22 at the time of invitation, was entitled to 25 points for age. The applicant also achieved proficient English, earning 10 points based on their Pearson PTE Academic test results. The Tribunal noted that the applicant's score met the minimum requirement of 75 points stated in the invitation to apply.

Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant meets criterion cl 491.216 of Schedule 2 to the Regulations.