{"id":"F2006B00424","name":"Migration Act 1958 - Notice under subsection 96(2) - Pass Mark in Relation to Applications for Skilled - Independent (Migrant) (Class BN) Visas - April 2004","slug":"migration-act-1958-notice-under-subsection-96-2-pass-mark-in-relation-to-applications-for-skilled-in","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":40620,"registerId":"commonwealth-F2006B00424-current","compilationNumber":null,"startDate":"2026-04-01","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Commonwealth of Australia","sectionType":"part","heading":"Commonwealth of Australia","content":"# Commonwealth of Australia\n\nMigration Act 1958","sortOrder":0},{"sectionNumber":"Migration Regulations 1994","sectionType":"part","heading":"Migration Regulations 1994","content":"## Migration Regulations 1994\n\nNOTICE UNDER SUBSECTION 96(2) OF THE MIGRATION ACT 1958\n\nSPECIFICATION OF PASS MARK IN RELATION TO APPLICATIONS FOR SKILLED - INDEPENDENT (MIGRANT) (CLASS BN) VISAS\n\nI, AMANDA VANSTONE, Minister for Immigration and Multicultural and Indigenous Affairs, acting under regulation 1.17 of the Migration Regulations 1994 (‘the Regulations’) and subsection 96(2) of the Migration Act 1958 (‘the Act’) hereby:\n\n1. SPECIFY that the pass mark for the purposes of the Act and the Regulations in relation to applications for Skilled - Independent (Migrant) (Class BN) visas made before 8 May 2002 is 110 points;\n\n2. SPECIFY that the pass mark for the purposes of the Act and the Regulations in relation to applications for Skilled - Independent (Migrant) (Class BN) visas made between 8 May 2002 and 13 April 2004 (inclusive) is 115 points; and\n\n3. SPECIFY that the pass mark for the purposes of the Act and the Regulations in relation to applications for Skilled - Independent (Migrant) (Class BN) visas made on or after 14 April 2004 is 120 points.\n\nThis notice has effect on and from 14 April 2004.\n\nDated 1 April 2004.\n\nAMANDA VANSTONE\n\nMinister for Immigration and Multicultural and Indigenous Affairs\n\n\\[NOTE: Subsection 96(2) of the Act provides the Minister may, from time to time, by notice in the Gazette, specify, in relation to applications for visas of a particular class, the pass mark for the purposes of the Act and the Regulations.\\]","sortOrder":1}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":1523},"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This notice exercises the specific delegated power in subsection 96(2) of the Migration Act 1958 to specify pass marks for a particular visa class. It does not expand the scope of the legislation or the Minister's authority beyond the original statutory intent."},"complexity_factors":["Three distinct date-based application periods with different numeric thresholds","Relies on external understanding of the points test system (not defined within the notice)","References to specific statutory provisions (subsection 96(2) of the Migration Act and regulation 1.17 of the Migration Regulations)"],"plain_english_summary":"This notice sets the minimum score (called the **pass mark**) that applicants need to achieve to qualify for a **Skilled-Independent (Migrant) visa** (Class BN). This visa is for skilled workers who want to live permanently in Australia without needing an employer to sponsor them.\n\nApplicants earn points based on factors like age, English language ability, work experience, and qualifications. This notice changes how many points are needed depending on when the application was lodged:\n\n*   **Before 8 May 2002:** 110 points required\n*   **8 May 2002 to 13 April 2004:** 115 points required  \n*   **On or after 14 April 2004:** 120 points required\n\nThis effectively raises the barrier for skilled migration, making it harder to qualify for applications submitted from mid-April 2004 onwards."}},"importantCases":[],"_links":{"self":"/api/acts/migration-act-1958-notice-under-subsection-96-2-pass-mark-in-relation-to-applications-for-skilled-in","history":"/api/acts/migration-act-1958-notice-under-subsection-96-2-pass-mark-in-relation-to-applications-for-skilled-in/history","analysis":"/api/acts/migration-act-1958-notice-under-subsection-96-2-pass-mark-in-relation-to-applications-for-skilled-in/analysis","conflicts":"/api/acts/migration-act-1958-notice-under-subsection-96-2-pass-mark-in-relation-to-applications-for-skilled-in/conflicts","importantCases":"/api/acts/migration-act-1958-notice-under-subsection-96-2-pass-mark-in-relation-to-applications-for-skilled-in/important-cases","documents":"/api/acts/migration-act-1958-notice-under-subsection-96-2-pass-mark-in-relation-to-applications-for-skilled-in/documents"}}