Ritu Devi (Migration)

This matter concerned an application for a Skilled Nomination (Permanent) (Class SN) visa, Subclass 190, by Ritu Devi. The dispute arose when the Administrative Appeals Tribunal (the Tribunal) made a decision without holding a hearing, finding that the applicant did not satisfy the points test criterion for the visa. The case was heard by Antonio Dronjic.

The primary legal issue before the court was whether the applicant met the points test criterion for the Subclass 190 visa. This involved determining if the applicant's assessed score, based on various attributes including age and qualifications, was not less than the score stated in the invitation to apply and not less than the qualifying score prescribed by the relevant legislative instruments. The court also considered the Tribunal's decision to proceed without a hearing, pursuant to section 360(2)(a) of the Migration Act 1958 (Cth).

The court reasoned that the Tribunal had erred in its assessment of the applicant's points score. While the Tribunal correctly identified that the applicant was entitled to 30 points for age and no points for English language proficiency, it failed to adequately consider other relevant criteria, particularly those relating to overseas employment experience and qualifications. The court found that the applicant was entitled to a maximum of 65 points, which met the qualifying score and the score stated in the invitation to apply. The court also noted that the Tribunal had found in favour of the applicant based on the material before it, suggesting that a hearing may not have been strictly necessary if the assessment had been conducted correctly.

Consequently, the court remitted the application for the Skilled Nomination (Permanent) (Class SN) visa, Subclass 190, to the Minister for reconsideration. The court directed that the applicant, Ritu Devi, be found to meet criterion 190.214 of Schedule 2 to the Regulations.