Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sutherland v Minister for Immigration and Border Protection [2017] FCA 806 Appeal from: Sutherland & Ors v Minister for Immigration & Anor [2016] FCCA 2843
File number: VID 1366 of 2016
Judge: MOSHINSKY J
Date of judgment: 19 July 2017
Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia – application for Employer Nomination (Permanent) (Class EN) Subclass 186 visa – where nominated occupation was Management Accountant as specified in ANZSCO – where visa applicant submitted skills assessment carried out by reference to earlier ASCO occupation of Accountant – where skills assessment was completed after ANZSCO came into operation – where visa applicant did not seek skills assessment for ANZSCO occupation of Management Accountant because he had not completed the mandatory subjects for that occupation – where departmental policy regarding transitional arrangements accepted a correlation between the relevant ASCO and ANZSCO occupations – where Migration Review Tribunal found that the visa applicant did not hold a suitable skills assessment for the nominated occupation – whether Tribunal erred in so finding – appeal dismissed
Legislation: Migration Regulations 1994 (Cth), reg 5.19, Sch 2, cl 186.233, 186.234
Cases cited: Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1
Date of hearing: 23 June 2017
Registry: Victoria
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