XIN (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 under the points test criterion. The Tribunal was tasked with determining whether the applicant's assessed score met the requirements of the visa subclass.

The primary legal issue before the Tribunal was whether the applicant satisfied the points test criterion, which requires that their score be not less than the score stated in the invitation to apply and not less than the qualifying score. This involved assessing the applicant's qualifications and points against the relevant provisions of the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth), specifically Schedule 6D, and considering the applicable pass mark at the time of the delegate's assessment and the Tribunal's assessment, applying whichever was more favourable. The Tribunal also had to determine if the applicant's nominated occupation, Registered Nurse (nec) (254499 ANZCO), was a 'skilled occupation' as defined by the regulations and relevant legislative instrument.

The Tribunal reasoned that points were available for age, as the applicant was 26 at the time of invitation, entitling them to 30 points. The applicant also qualified for 10 points for proficient English, having achieved a score of at least 65 in each component of the PTE Academic test. While the text provided details on overseas employment experience, it did not state the applicant's total score or whether they met the criteria for points in that category. However, based on the points awarded for age and English language proficiency, and the statement that the applicant was entitled to a maximum of 80 points, the Tribunal concluded that the applicant's score met the necessary thresholds.

Consequently, the Tribunal remitted the applications for Skilled Nominated (Permanent) visas for reconsideration. The Tribunal directed that the first named applicant met the criterion specified in cl.190.214 of Schedule 2 to the Regulations.