s 93 — Assessment of points — Migration Act 1958
Text of provision
93 Assessment of points
(1) The Minister must assess the number of points that an applicant for a points-tested visa has, for the purpose of assessing whether the applicant satisfies the points test.
(2) An applicant's points are assessed as at the time of the assessment.
(3) The Minister must not make an assessment unless invited to do so by the applicant's valid application having been made.
(4) The regulations may prescribe the manner in which the points are to be assessed.
Plain English
Section 93 imposes a duty on the Minister to assess an applicant's points score once a valid application for a points-tested visa has been made. The assessment determines whether the applicant satisfies the points test.
The assessment is made at the time it is conducted, not at the time of application. This means that changes in the applicant's circumstances between application and assessment — for example, gaining additional qualifications or work experience — may or may not affect the points score depending on the applicable regulations.
The points are assessed against criteria prescribed in the Migration Regulations, particularly r 2.72, which sets out the points schedule for various factors including age, English language ability, skilled employment, educational qualifications, and partner skills.
Practical effect
Section 93 is the operative provision that triggers the points assessment process. Without a valid application, the Minister has no obligation (and no power) to assess points under this section.
The phrase "as at the time of the assessment" in s 93(2) has been interpreted to mean that the Minister assesses points based on circumstances existing when the assessment is actually made — not when the application was lodged. This can work in favour of applicants who improve their profile after lodging, or against applicants whose circumstances change adversely.
In practice, points are assessed through the SkillSelect system. An Expression of Interest (EOI) is submitted first; the actual points assessment under s 93 occurs after invitation to apply is accepted and the visa application is lodged.
The points assessment under s 93 feeds directly into the points test under s 101.