Section 93 — Applying the points test
Text of provision
(1) The Minister shall make an assessment by giving the applicant the prescribed number of points for each prescribed qualification that is satisfied in relation to the applicant.
(2) In this section: prescribed means prescribed by regulations in force at the time the assessment is made.
Plain English
Section 93 implements the points test for skilled migration visas. An officer must:
- Calculate the points the applicant would score based on the factors in Schedule 6 to the Migration Regulations (age, English language ability, skilled employment, qualifications, partner skills, etc.);
- Determine whether the total equals or exceeds the applicable pass mark (set by the Minister under s 96); and
- Record whether the applicant satisfies the points test.
The pass mark fluctuates based on demand for the visa class — the Minister sets and adjusts it by legislative instrument under s 96.
Practical effect
The points test applies to points-tested visa classes including Subclass 189 (Skilled — Independent) and Subclass 190 (Skilled — Nominated). Meeting the points test is a criterion for the visa, but it does not guarantee an invitation — applications for these visas are submitted through SkillSelect (Expression of Interest) and invitations are issued based on ranked scores.
A higher points score increases the likelihood of receiving an Invitation to Apply (ITA) in a SkillSelect draw, but an ITA is not legally required for the visa application itself — it is a separate eligibility gateway established by the Regulations.