1926046 (Migration)

The Administrative Appeals Tribunal considered an application by a sponsor seeking approval for a Sponsored Parent (Temporary) (Class GH) visa, Subclass 870. The dispute centred on whether the applicant met the income test requirements to be approved as a parent sponsor.

The primary legal issue before the Tribunal was whether the applicant satisfied the income test as prescribed by the relevant regulations. Specifically, the Tribunal had to determine if the applicant's taxable income in the relevant income year met the required threshold, notwithstanding the applicant having taken advantage of tax concessions that reduced their taxable income to zero.

The Tribunal found that the applicant's taxable income for the relevant income year was nil, which was significantly below the prescribed amount of approximately $83,454. The Tribunal concluded that there was no discretion available under the regulations to overlook this shortfall. Consequently, the Tribunal was not satisfied that the applicant met the criteria set out in regulation 2.60U(1)(f) and therefore could not be approved as a parent sponsor.

The Tribunal affirmed the decision not to approve the applicant as a family sponsor in relation to the parent sponsor class.