Varca Thomeu (Migration)

The Administrative Appeals Tribunal considered the case of *Varca Thomeu (Migration)*, which involved an applicant seeking a Subclass 188 Business Skills (Provisional) visa. The core dispute concerned whether the applicant met the points test criterion prescribed by IMMI 12/041, which requires a minimum score of 65 points. The delegate had assessed the applicant as being entitled to only 50 points, while the applicant, by the time of the review hearing, claimed entitlement to 85 points.

The Tribunal was required to determine the applicant's eligibility for points under various criteria, including age, English language proficiency, educational qualifications, and business experience qualifications. Specifically, the Tribunal had to assess the applicant's claims regarding two "main businesses" and their direct and continuous involvement in management, as well as financial asset qualifications and business innovation qualifications, such as a registered trademark. The Tribunal also had to consider the applicant's representative's concession that not all relevant claims and evidence were submitted at the time of the initial application.

The Tribunal found that the applicant was entitled to 25 points for age (being 35 at the time of invitation), 5 points for vocational English language ability, and 10 points for a Bachelor qualification in business. However, the Tribunal was not satisfied that the applicant met the requirements for the business experience qualifications, which necessitated holding a main business for a specified period. After considering the evidence and submissions, the Tribunal concluded that the applicant was entitled to a total of 60 points.

As the applicant did not achieve the minimum of 65 points required by IMMI 12/041, the Tribunal affirmed the delegate's decision not to grant the Subclass 188 visa. Consequently, the Tribunal also found that the other named applicants, who were dependent on the primary applicant's eligibility, did not satisfy the requirements for the visa. The Tribunal therefore affirmed the decision not to grant the Business Skills (Provisional) visas to the applicants.