Shrestha (Migration)

The Administrative Appeals Tribunal considered an appeal by Narendra Shrestha concerning a Subclass 457 (Temporary Work (Skilled)) visa. The dispute arose when the visa application was refused, with the primary issue being whether Mr Shrestha possessed the necessary skills, qualifications, and employment background for the nominated occupation of Management Accountant (ANZSCO 221112). The Tribunal was tasked with determining if the applicant met the requirements of clauses 457.223(4)(da) and 457.223(4)(e) of Schedule 2 to the Migration Regulations 1994.

The Tribunal's reasoning focused on the evidence presented by Mr Shrestha, which included a Bachelor of Professional Accounting, a Skilled Migration Internship Program – Accounting (SMIPA) Professional Year Program, and recognition of his qualification by Chartered Accountants Australia and New Zealand. Crucially, the Tribunal noted that a letter from the applicant's migration agent confirmed that a copy of the applicant's Bachelor of Accounting was mistakenly not uploaded to the IMMI account during the visa application process. This omission meant the qualification was not available for the initial delegate's consideration.

Given that the applicant had provided substantial evidence of his qualifications and employment background to the Tribunal, and that the failure to upload the qualification was attributed to an error by the migration agent rather than the applicant, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal directed that the applicant be considered to meet the criteria under clauses 457.223(4)(da) and 457.223(4)(e) of Schedule 2 to the Regulations, allowing the Minister to consider the remaining criteria for the visa.