Takkar (Migration)

This matter concerned an application for a Skilled Regional Sponsored (Provisional) (Class SP) visa, Subclass 489, by Mr. Takkar and his family unit. The primary dispute revolved around whether the applicant met the 'points test' criterion for the visa, which assesses an applicant's score based on various attributes. The case was heard by K. Chapman, a Member of the Tribunal.

The legal issues before the Tribunal were whether the applicant's assessed score met the minimum score stated in the invitation to apply and the 'qualifying score' as prescribed by the Act and relevant regulations. Specifically, the Tribunal had to determine the points attributable to the applicant's age, English language proficiency, and overseas employment experience, applying the law in force at the time of the delegate's assessment and at the time of the Tribunal's assessment, favouring the applicant where applicable. The nominated occupation was Hairdresser (ANZSCO 391111), with a qualifying score of 65 points.

The Tribunal found that the applicant was entitled to 25 points for age, as he was 36 at the time of invitation. No claims were made for English language proficiency, resulting in zero points for that attribute. While overseas employment experience was a potential source of points, the applicant had not claimed points under this category. The Tribunal noted that tax records, payslips, and references related to Australian employment experience were provided after the due date, and the applicant had lost the right to a hearing but participated in a telephone interview. The Tribunal also observed that one of the named applicants was now an Australian citizen and therefore ineligible for the visa.

Ultimately, the Tribunal remitted the applications for reconsideration. The direction was that the first named applicant met the criterion specified in clause 489.224 of Schedule 2 to the Regulations. The Tribunal affirmed the decision not to grant the visa to the third named applicant, who was now an Australian citizen.