94Initial application of “points” system

94  Initial application of “points” system  (1) An applicant whose assessed score is more than or equal to the applicable pass mark at the time when the score is assessed is taken to have received the qualifying score.  (2) An applicant whose assessed score is less than the applicable pool mark at the time when the score is assessed is taken not to have received the qualifying score.  (3) If an applicant’s assessed score is more than or equal to the applicable pool mark, but less than the applicable pass mark, at the time when the score is assessed:  (a) the Minister must, unless the application is withdrawn, put the application aside and deal with it in accordance with section 95; and  (b) if the Minister puts the application aside—the Minister is taken to have put the application into a pool.  (4) Where, in accordance with this section, the Minister puts an application aside, he or she shall be taken for all purposes not to have failed to make a decision to grant or refuse to grant a visa.