Singh (Migration)

This matter concerned an appeal by Mr. Singh and another applicant against a decision relating to their applications for a Skilled Nominated (Permanent) visa (Subclass 190). The primary issue before the Tribunal was whether the first named applicant had achieved the required score under the points system for the visa.

The Tribunal was required to determine if the first named applicant's assessed score met the criteria stipulated in Subdivision B of Division 3 of Part 2 of the Act. Specifically, the Tribunal had to ascertain whether the applicant's score was not less than the score stated in the invitation to apply for the visa and not less than the 'qualifying score'. This involved assessing the applicant against the qualifications and points prescribed in Schedule 6D to the Regulations, and considering the pass mark in force at the time of the delegate's assessment and at the time of the Tribunal's assessment, applying whichever was more favourable. The Tribunal also had to consider whether the applicant's nominated occupation, Motor Mechanic (General), was a 'skilled occupation' as defined by the relevant legislative instrument.

The Tribunal found that the first named applicant was entitled to 30 points for age, as he was 31 years old at the time of invitation. Furthermore, the Tribunal determined that the applicant possessed proficient English, as evidenced by his Pearson Test of English Academic (PTE Academic) scores, which met the requirements for 10 points. Based on these findings, the Tribunal concluded that the first named applicant met the criterion under clause 190.214 of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the applications for Skilled Nominated (Permanent) visas for reconsideration. The direction was that the first named applicant met the specified criterion. For the second named applicant, the Tribunal remitted the application for reconsideration of the remaining criteria for the grant of the visa.