Parnikov (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Temporary Residence Transition stream. The central dispute concerned whether the applicant had provided sufficient evidence of vocational English language ability, specifically by demonstrating completion of a five-year higher education course undertaken in the medium of English.

The Tribunal was required to determine if the applicant had met the English language requirements as stipulated by clause 187.222(b) of Schedule 2 to the Migration Regulations. This involved assessing the applicant's claim of having completed a five-year course of study at a higher education institution in the medium of English, and whether the provided documentation, including an archived certificate from a Russian higher education institution, constituted adequate proof. The Tribunal also considered the relevance of IELTS test results and the employer's submission regarding the applicant's vocational training.

The Tribunal found that the applicant's employer was not a higher education institution and that the vocational training undertaken with the employer did not satisfy the requirement for a five-year full-time course at a higher education institution. However, upon reviewing an archived certificate from the Kamchatsky branch of the Far Eastern Institute of Fishery, the Tribunal concluded that the applicant had successfully completed a five-year higher education course between 1984 and 1991. Crucially, the certificate stated that engineering and special courses were delivered in the medium of English. Consequently, the Tribunal determined that the applicant met the requirements of clause 187.222(b).

The Tribunal remitted the application for the Regional Employer Nomination Scheme (Permanent) (Class RN) visas for reconsideration by the Minister, with the direction that the first-named applicant meets the criteria under clause 187.222 of Schedule 2 to the Regulations.