Section 95 — Applications in pool

When section applies

(1) This section applies if the Minister puts an application into a pool. How applications to be dealt with

(2) If, within 12 months after the assessment of the applicant’s assessed score, the Minister gives a notice under section 96 varying the applicable pass mark or the applicable pool mark: Migration Act 1958 181 Part 2 Arrival, presence and departure of persons Division 3 Visas for non-citizens

(a) the Minister must, without re-assessing that score, compare that score with the applicable pass mark and the applicable pool mark; and

(b) if that score is more than or equal to the applicable pass mark—the applicant is taken to have received the qualifying score; and

(c) if that score is less than the applicable pool mark—the applicant is taken not to have received the qualifying score; and

(d) if that score is more than or equal to the applicable pool mark but less than the applicable pass mark—the application remains in the pool until it is removed from the pool (see subsection (3)). Removal of applications from pool

(3) An application in the pool is taken to have been removed from the pool at whichever is the earliest of the following times:

(a) the end of 12 months after the assessment of the applicant’s assessed score;

(b) the earliest time (if any) when the applicant is taken to have received the qualifying score as the result of the operation of subsection (2);

(c) the earliest time (if any) when the applicant is taken not to have received the qualifying score as the result of the operation of subsection (2). Removal from pool under paragraph (3)(a) treated as failure to receive qualifying score

(4) If an application is removed from the pool because of paragraph (3)(a), the applicant is taken not to have received the qualifying score. Section to be subject to section 95A

(5) This section has effect subject to section 95A.