YAN (Migration)

The applicant, YAN, sought review of a decision not to grant a Skilled Independent (Permanent) visa (Class SI, Subclass 189). The dispute concerned whether YAN met the points test criterion for employment in a nominated skilled occupation, specifically as an accountant. The matter came before the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether YAN’s employment experience satisfied the requirement of having carried out tasks aligning with the nominated occupation of an accountant. This involved assessing whether the tasks YAN performed were sufficiently related to the nominated skilled occupation or if they more closely aligned with a less skilled occupation, such as an accounting clerk or bookkeeper. The Tribunal also considered whether YAN's Australian study qualifications, a Master of Professional Accounting, were relevant to the points assessment.

The Tribunal reasoned that while YAN possessed Australian study qualifications, the tasks undertaken in their employment did not align with the nominated occupation of an accountant. Instead, the performed duties were found to be more consistent with those of an accounting clerk or bookkeeper. Consequently, YAN was entitled to a maximum of 70 points under the points test. As this score was less than the score indicated in the invitation to apply for the visa, YAN did not satisfy clause 189.224 of the relevant regulations, which is a prescribed criterion for the visa grant.

Accordingly, the Tribunal affirmed the decision not to grant YAN the Skilled Independent (Permanent) visa.