Al-Metwali (Migration)

The Administrative Appeals Tribunal considered an application by Al-Metwali concerning the approval of a Subclass 870 Sponsored Parent (Temporary) visa. The dispute centred on whether Al-Metwali met the income test requirements to be approved as a Parent sponsor.

The primary legal issue before the Tribunal was whether Al-Metwali's taxable income in the prescribed income year was sufficient to satisfy the income test stipulated by the relevant regulations. Specifically, the Tribunal had to determine if Al-Metwali's financial resources, including taxable income and any regular Centrelink payments, met the prescribed threshold for approval as a Parent sponsor.

The Tribunal found that Al-Metwali's taxable income for the relevant period was $81,895, which was below the prescribed amount of approximately $83,454. Consequently, the Tribunal was not satisfied that Al-Metwali met the income test as required by regulation 2.60U(1)(f). As this criterion was not met, the Tribunal concluded that Al-Metwali did not satisfy the applicable criteria to be approved as a Parent sponsor.

Accordingly, the Tribunal affirmed the decision not to approve Al-Metwali as a family sponsor for the Parent sponsor class.