Skills assessment applications can be daunting when considering qualifications, employment history, and not the least the various occupational descriptions under the Australian and New Zealand Standard Classification of Occupations (‘ANZSCO’).
Part of the challenge posed by skills assessment applications is to show that your work, and the qualifications you have, link up with the ANZSCO description with respect to the occupation for which you seek the accreditation.
What could on occasion look like a mismatch between ANZSCO on the one hand vis-à-vis qualifications and employment evidence on the other hand, may be a workable application depending on the approach and interpretation that is adopted.
In this respect, the ANZSCO classifications may allow a degree of flexibility, including with regard to the delineation of tasks as well as in the context of certain specialisations in a profession or trade.
According to ANZSCO: “The allocation of a particular occupation to a particular skill level should be seen as indicative only and should not be used prescriptively.”
ANZSCO further notes that the definitional material that describes each occupation ought not be seen as “a definitive statement of what is required.”
Accordingly, there is scope for argument, if well-founded on sound legal or interpretative basis, as to whether or not the role and tasks that a person carries out in their particular job might fall within the ANZSCO classification for the occupation in question.
Notwithstanding, the Department of Home Affairs may take a more restrictive approach in its interpretation of ANZSCO, possibly giving rise to contentious applications or potential appeals being made in certain circumstances to the Administrative Appeals Tribunal (‘AAT’).
At The Migration Place, our experienced Migration Lawyers have a strong track record of achieving favourable outcomes with complex applications.
The Migration Place is a division of Irish Bentley Lawyers, based in Brisbane, Australia. We are lawyers, which gives you peace of mind knowing that you are dealing with highly trained legal professionals assisting with your migration matter. This also means that we can provide legal services beyond your skills assessment and visa application, or merits review before the AAT.
We pride ourselves on our diligent work ethics, as well as thorough and conscientious work, which enables us to achieve positive outcomes for our clients, meaning that you can take comfort in knowing that your application will be handled professionally with a view of achieving maximum prospects of success.