Dosanjh (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Ms Dosanjh for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa. The dispute centred on whether Ms Dosanjh met the primary criteria for the visa, specifically clause 485.224 of Schedule 2 to the Migration Regulations 1994, which requires a suitable skills assessment for the nominated skilled occupation. Ms Dosanjh had nominated the occupation of Registered Nurse (Medical), but her skills assessment from the Australian Nursing and Midwifery Accreditation Council (ANMAC) was for the occupation of Registered Nurse (Aged Care).

The Tribunal was required to determine if Ms Dosanjh had satisfied the requirement that her skills for the nominated occupation of Registered Nurse (Medical) had been assessed as suitable by a relevant assessing authority within the last three years. The Tribunal also considered whether the skills assessment for Registered Nurse (Aged Care) could substitute for the nominated occupation, and whether the applicant had taken sufficient steps to obtain a reassessment for her nominated occupation after being granted extensions of time.

The Tribunal reasoned that while both Registered Nurse (Medical) and Registered Nurse (Aged Care) fall within the same ANZSCO unit group, they are distinct occupations with separate ANZSCO codes, each individually specified in relevant ministerial instruments. The evidence before the Tribunal indicated that applicants must specify the occupation for which they seek assessment from ANMAC. Despite being granted extensions of time to obtain a reassessment for Registered Nurse (Medical), Ms Dosanjh ultimately provided no evidence of having sought or obtained such a reassessment. Instead, she indicated that ANMAC would not change her existing assessment and that a new assessment would take approximately three months. As the skills assessment provided was for Registered Nurse (Aged Care), which was not the nominated occupation, and it is not possible to change the nominated occupation during visa processing, the Tribunal concluded that Ms Dosanjh had not met the requirements of clause 485.224(1).

Consequently, the Tribunal affirmed the decision not to grant Ms Dosanjh the Skilled (Provisional) (Class VC) visa.