Spicer (Migration)

This matter concerned an application for a Skilled Nominated (Permanent) (Class SN) visa, Subclass 190. The applicant sought review of a decision concerning their eligibility for the visa. The Tribunal, constituted by Senior Member Jennifer Cripps Watts, was required to determine whether the applicant met the points test criterion for the visa.

The central legal issue before the Tribunal was whether the applicant's assessed score under the points test was not less than the score stated in their invitation to apply and not less than the 'qualifying score'. This involved an assessment of the points available for various attributes, including age and English language proficiency, as prescribed by Schedule 6D to the Regulations and relevant legislative instruments. The Tribunal also had to consider the applicable pass mark as in force at the time of the delegate's assessment and at the time of the Tribunal's assessment, applying whichever was more favourable to the applicant.

The Tribunal reasoned that the applicant was entitled to 30 points for age, as they were between 25 and 33 years old at the time of invitation. Further, the applicant provided evidence of superior English language proficiency through an IELTS test, which qualified them for points under the relevant regulations. Based on these assessments, the Tribunal concluded that the applicant was entitled to a maximum of 70 points under the points test. As this score met the requirements of the invitation and the qualifying score, the applicant satisfied the criterion under clause 190.214 of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the application for the Skilled Nominated (Permanent) visa for reconsideration, with a direction that the applicant meets the criterion under clause 190.214. The Minister was to consider the remaining criteria for the grant of the visa.