s 101 — Points test — Migration Act 1958
Text of provision
101 Points test
An applicant for a points-tested visa satisfies the points test if:
(a) the number of points that the Minister has assessed the applicant as having under section 93 is at least the relevant pass mark; and
(b) the applicant has been invited, in accordance with the regulations, to make the application.
Plain English
Section 101 defines the two conditions that must both be satisfied for an applicant to pass the points test:
- The applicant's assessed points score (from s 93) must be at or above the pass mark; and
- The applicant must have been invited to apply in accordance with the regulations.
The pass mark is set by the Minister and can vary. For most skilled visa invitations, the pass mark is 65 points, though the minimum points score required to receive an invitation in any given round is often higher (determined by the Minister's invitation rounds through SkillSelect).
Both conditions must be satisfied — a high points score alone does not satisfy the points test unless the applicant was also properly invited to apply.
Practical effect
Section 101 operates as one of the criteria that must be satisfied under s 65 before a points-tested visa can be granted.
The requirement to be "invited in accordance with the regulations" in s 101(b) refers to the invitation issued through SkillSelect after an Expression of Interest is lodged. The detailed requirements for invitation are prescribed in r 2.72 of the Migration Regulations.
The pass mark is the absolute minimum. In practice, the points score required to receive an invitation in any given SkillSelect round — the "pool mark" or "cut-off score" for that round — is typically higher than the pass mark, reflecting the competition among EOIs in the pool. An applicant above the pass mark but below the pool mark for their occupation and state will remain in the pool but will not be invited until the pool mark falls to or below their score.
Passing the points test is not the only criterion for grant of a Subclass 189 or Subclass 190 visa — applicants must also satisfy all other criteria prescribed in the Migration Regulations.