Skliarenko (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Skliarenko, who sought review of the refusal of a Training and Research (Class GC) visa, Subclass 402, under the Occupational Trainee stream. The refusal was based on the applicant's nominated occupation not being approved by the relevant authority.

The primary legal issue before the Tribunal was whether the delegate had erred in refusing the visa application on the grounds that the nominated occupation was not approved. This required the Tribunal to determine the proper interpretation and application of the relevant legislative provisions and policy guidelines concerning the approval of nominated occupations for this visa subclass.

The Tribunal found that the delegate's decision was affected by an error of law. It reasoned that the delegate had failed to properly consider the evidence submitted by the applicant regarding the nominated occupation and had applied an incorrect interpretation of the assessment criteria. The Tribunal emphasised that the delegate was required to assess the nominated occupation based on the information available at the time of the decision, and that a failure to do so constituted an error. The Tribunal set aside the delegate's decision and remitted the matter to the Immigration department for reconsideration according to law.