Sutherland v Minister for Immigration and Border Protection [2017] FCA 806

Sutherland v Minister for Immigration and Border Protection [2017] FCA 806

The Tribunal was entitled, as a matter of fact and law, to find that the ICAA Skills Assessment held by the first appellant—conducted under ASCO criteria for Accountant—did not suffice as a suitable skills assessment for the nominated occupation of Management Accountant under ANZSCO for the purposes of the relevant visa criteria. The Tribunal's approach was open on the evidence and within its powers; the Federal Circuit Court did not err in upholding that finding.

Jurisdiction
Australia
Judgment Date
19 July 2017
Procedural Posture
Appeal / Judgment on Appeal From Federal Circuit Court
Outcome
Appeal dismissed
Legal Topics
['migration Visas' 'skills Assessment Equivalence' 'transitional Arrangements in Migration Law' 'visa Refusal and Judicial Review']
['administrative Law' 'migration Law'] ['migration Visas' 'skills Assessment Equivalence' 'transitional Arrangements in Migration Law' 'visa Refusal and Judicial Review']

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Procedural Posture

Appeal / Judgment on Appeal From Federal Circuit Court

Legal Issues

  1. 1 ["Whether a skills assessment under ASCO for 'Accountant' can satisfy the requirement for a skills assessment for 'Management Accountant' under ANZSCO for the purpose of a Subclass 186 visa application." 'Whether the Tribunal mischaracterised or misunderstood the evidence regarding the correlation of skills assessments for nominated occupations under different occupational classification schemes.']

Ratio Decidendi

The Tribunal was entitled, as a matter of fact and law, to find that the ICAA Skills Assessment held by the first appellant—conducted under ASCO criteria for Accountant—did not suffice as a suitable skills assessment for the nominated occupation of Management Accountant under ANZSCO for the purposes of the relevant visa criteria. The Tribunal's approach was open on the evidence and within its powers; the Federal Circuit Court did not err in upholding that finding.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal be dismissed.' "Save for the costs dealt with by the orders made on 12 May 2017, the appellants pay the first respondent's costs of the appeal, to be taxed if not agreed."]