Singh (Migration)

This matter concerned an application for a Skilled Independent (Permanent) visa (Subclass 189). The applicant sought review of a decision to refuse the visa. The primary issue before the Tribunal was whether the applicant met the points test criterion for the visa.

The Tribunal was required to determine if the applicant's assessed score under the points-based system was not less than the score stated in the invitation to apply 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 applying the pass mark in force at the relevant times, favouring the applicant where applicable. The Tribunal also considered the definition of a 'skilled occupation' as specified by the relevant instrument, Legislative Instrument LIN 19/051, and whether the applicant's nominated occupation, Aeronautical Engineer ANZSCO 233911, met these requirements.

The Tribunal found that the applicant was entitled to 30 points for age, based on a passport from a previous application indicating he was 25 at the time of the current application. However, the applicant did not provide evidence of English language proficiency, having responded "No" to undertaking an English language test within 36 months of the invitation to apply. Consequently, the applicant was not awarded points for English language proficiency.

As the applicant was entitled to a maximum of 30 points, which was less than the qualifying score, the Tribunal concluded that the applicant did not satisfy clause 189.224 of the Regulations. This clause is a prescribed criterion for the grant of the visa. Accordingly, the Tribunal affirmed the decision not to grant the applicant the visa.