Farooq (Migration)

The applicant, Mr. Farooq, sought judicial review of a decision by the Department of Home Affairs to refuse his application for a Skilled Independent (Permanent) (Class SI) visa, subclass 189. The visa was sought on the basis of his qualifications and experience as a general accountant, assessed under the points test. The core of the dispute concerned whether Mr. Farooq's Australian employment experience, as confirmed by his employer, involved tasks that were sufficiently aligned with the ANZSCO description for a general accountant to satisfy the visa requirements.

The primary legal issue before the Federal Court was whether the Department had erred in its assessment of Mr. Farooq's employment experience. Specifically, the court had to determine if the Department had correctly compared the applicant's actual job duties with the ANZSCO description for a general accountant, and whether the Department's conclusion that Mr. Farooq performed lower-level tasks, not aligning with the nominated occupation, was reasonable and supported by the evidence.

The court reasoned that the Department's assessment had placed undue emphasis on the applicant's job title and had not adequately considered the detailed confirmation of his responsibilities provided by his employer. The court reiterated the principle that the assessment of an applicant's employment experience should focus on the actual tasks performed, rather than solely on the job title, and that employer confirmations are crucial evidence in this regard. The court found that the Department had failed to properly engage with the evidence of Mr. Farooq's duties, leading to an erroneous conclusion. Consequently, the court remitted the decision to the Department for redetermination according to law.