SALVADOR LONGARELA (Migration)

This matter concerned an application for a Skilled Independent (Permanent) visa (Subclass 189) by Salvador Longarela. The applicant sought review of a decision not to grant the visa, which was heard by the Tribunal.

The central legal issue before the Tribunal was whether the applicant met the points test criterion for the visa. This required the applicant's assessed score to be not less than the score stated in the invitation to apply and not less than the qualifying score, which was 60 points. The Tribunal also had to consider the applicant's nominated occupation of Industrial Engineer and the relevant points prescribed in Schedule 6D to the Regulations.

The Tribunal applied the provisions of the Act and the Regulations concerning the points test. It assessed the applicant's eligibility for points based on age, finding the applicant, aged 30 at the time of invitation, was entitled to 30 points. The Tribunal also considered the applicant's English language qualifications, examining the results of a Pearson Test of English (PTE) Academic test. However, the provided text does not detail the specific points awarded for English language proficiency or any other attributes.

Ultimately, the Tribunal concluded that the applicant was entitled to a maximum of 55 points under the points test. As this score was less than the qualifying score of 60, the applicant did not satisfy the criterion for the visa. Consequently, the Tribunal affirmed the decision not to grant the visa.