Migration Act 1958

This section applies if the Minister puts an application into a pool.

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:

the Minister must, without re‑assessing that score, compare that score with the applicable pass mark and the applicable pool mark; and

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

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

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)).

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

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

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);

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).

If an application is removed from the pool because of paragraph (3)(a), the applicant is taken not to have received the qualifying score.

This section has effect subject to section 95A.