SAMUEL (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled Independent (Permanent) visa (Subclass 189) made by the applicant, Samuel. The dispute concerned whether the applicant had achieved the requisite score under the points test for the visa, specifically in relation to their nominated occupation as a Telecommunications Network Engineer.

The primary legal issue before the Tribunal was to determine whether the applicant's employment experience qualified them for points under the points test, considering whether their work was in their nominated occupation or a closely related occupation. This determination was crucial to establishing whether the applicant met the minimum score required for the visa grant.

The Tribunal found that the applicant was entitled to a maximum of 65 points under the points test. This conclusion was based on the evidence provided, which satisfied the Tribunal that the applicant's employment was in their nominated occupation or a closely related one. Consequently, the Tribunal determined that the applicant met the criterion specified in cl.189.224 of Schedule 2 to the Regulations. The Tribunal remitted the application for the visa to the Minister for reconsideration, with the direction that the applicant satisfies this criterion.