Salnikov (Migration)

The Administrative Appeals Tribunal considered the case of Mr Salnikov, who sought review of a decision concerning his application for a Skilled (Provisional) (Class VC) visa, Graduate Work stream, Subclass 485. The central dispute revolved around whether Mr Salnikov met the specific skills assessment requirements for this visa subclass.

The Tribunal was required to determine two key legal issues: first, whether Mr Salnikov had provided evidence of applying for a skills assessment by a relevant authority at the time of his visa application, as required by clause 485.223 of Schedule 2 to the Regulations; and second, whether his skills had been assessed as suitable for his nominated occupation, Motor Mechanic (General), by a relevant assessing authority within the preceding three years, in accordance with clause 485.224 of Schedule 2 to the Regulations.

The Tribunal reasoned that Mr Salnikov had satisfied clause 485.223 by providing a receipt number from Trade Recognition Australia (TRA) confirming his application for a skills assessment when he lodged his visa application on 5 August 2015. Regarding clause 485.224, the Tribunal found that a Provisional Skills Assessment Result dated 14 October 2016, issued by TRA and confirming Mr Salnikov's suitability for the Motor Mechanic occupation, met the requirements. The Tribunal noted that it was able to make these favourable findings on the papers without holding a hearing.

Consequently, the Tribunal remitted Mr Salnikov's visa application to the Minister for reconsideration, with a direction that he met the criteria under clause 485.224 of Schedule 2 to the Regulations.