# Initial application of “points” system

> act-s94 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

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                (a) the Minister must, unless the application is withdrawn, put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.