Roberts (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled Independent (Permanent) visa (Subclass 189) made by an applicant who nominated the occupation of Bricklayer. The central dispute concerned whether the applicant met the points test criteria for the visa, specifically whether their assessed score was not less than the score stated in the invitation to apply and not less than the qualifying score.

The Tribunal was required to determine if the applicant satisfied the points test criterion under Subdivision B of Division 3 of Part 2 of the Migration Act 1958 (Cth). This involved assessing the applicant's score against the qualifications and points prescribed in Schedule 6D to the Regulations, and applying the qualifying score in force at the relevant times, favouring the applicant where applicable. The Tribunal also needed to consider whether the nominated occupation of Bricklayer was a 'skilled occupation' as defined by the relevant legislative instrument.

The Tribunal reasoned that the applicant was entitled to 30 points for age, as they were 29 at the time of invitation. However, the applicant was not entitled to points for English language qualifications as they had not undertaken a language test prior to applying. The Tribunal noted that the qualifying score and the score in the invitation to apply were both 60. The Tribunal concluded that the applicant met the criterion under cl.189.214 of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the application for the Skilled Independent (Permanent) visa for reconsideration by the Minister, with the direction that the applicant meets the specified criterion.