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Tribunal:  Senior Member K Raif

The Department of Home Affairs (the Department) refused to grant a Skilled Independent (Permanent) visa to an applicant with the nominated occupation of Telecommunications Network Engineer.[1] This particular type of visa is designed for skilled applicants who have submitted an expression of interest in their nominated occupation and received an invitation to apply for the visa. It is a points-based visa where the applicant is given a score based on how well the applicant meets certain prescribed attributes. The applicant in this case was refused the visa because the Department found he did not achieve the requisite point score.

The applicant asked the AAT to review whether he satisfied the points-based criteria. The point-based criteria includes assessment of  the applicant’s age, English language qualifications, overseas employment experience, Australian employment experience, education, and partner’s skill qualifications.[2]

In the first instance, the Department found the applicant to be entitled to five points for overseas employment experience. However, on review, the AAT found he had been employed outside of Australia in a role that was closely related to his nominated skilled occupation for a longer period. The AAT had the benefit of having received additional evidence. The AAT was, accordingly, able to place weight on the job description issued by the applicant’s previous employer and grant the applicant 10 points instead for his overseas employment experience.

The AAT found the applicant achieved the requisite point score and decided that the matter be remitted to the Department for reconsideration.

Read the full decision on AustLII.


[1] Schedule 2 to the Migration Regulations 1994 - Subclass 189 – Skilled – Independent