YANG (Migration)

The applicant, Yang, sought review of a decision concerning his application for a Skilled Independent (Permanent) visa (Subclass 189). The dispute centred on whether Yang met the points test criterion for the visa. The matter was before the Tribunal.

The primary legal issue before the Tribunal was to determine whether Yang's assessed score under the points test was not less than the score stated in his invitation to apply for the visa, and not less than the 'qualifying score'. This involved assessing Yang's eligibility for points under various criteria, including age, English language proficiency, and overseas employment experience, as prescribed by Schedule 6D to the Regulations and the Act. The Tribunal was required to apply the law in force at the time of the delegate's assessment and at the time of its own assessment, favouring the applicant where more beneficial.

The Tribunal found that Yang was entitled to 30 points for age. However, based on his IELTS test results, he did not meet the requirements for proficient or superior English and was therefore not awarded points under that category. The Tribunal's reasoning regarding overseas employment experience is not fully detailed in the provided text, but it was implied that this was a factor in the overall assessment. Ultimately, the Tribunal concluded that Yang was entitled to a maximum of 60 points.

The Tribunal determined that Yang's assessed score of 60 was not less than the score stated in his invitation to apply (also 60) and not less than the qualifying score (60). Consequently, Yang satisfied clause 189.214 of Schedule 2 to the Regulations. The Tribunal remitted the application for reconsideration by the Minister, with a direction that Yang meets the criterion for the Subclass 189 visa relating to the points test.