Akbar (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Skilled Independent (Permanent) (Class SI) visa, subclass 189. The central dispute concerned whether the applicant met the minimum taxable income requirement for the visa, and if not, whether they qualified for any of the specified exemption categories.

The Tribunal was required to determine if the applicant's taxable income for the four most recently completed income years before the application date met or exceeded the minimum amount specified by the Minister. Furthermore, the Tribunal had to ascertain if the applicant fell within any of the classes of exempt applicants as defined by the Minister's legislative instrument, LIN 18/138. This instrument outlines specific circumstances, such as court-ordered child custody arrangements preventing departure from Australia, receiving injury compensation that would be discontinued upon return to New Zealand, or being on approved parental or carer's leave with an expectation of returning to employment meeting the income threshold.

The Tribunal reasoned that the applicant's gross income exceeded the specified threshold, but this income was derived through a salary packaging arrangement. The Tribunal found that this arrangement did not place the applicant within any of the exemption categories detailed in LIN 18/138. Consequently, the applicant failed to satisfy the primary criteria for the visa.

The Tribunal affirmed the decision not to grant the applicant the Skilled Independent (Permanent) (Class SI) visa. It noted that the applicant could make a direct request to the Minister under s.351 of the Migration Act 1958 for intervention if they believed their case warranted it due to unique or compelling circumstances.