Algarme (Migration)

[2019] AATA 6289

Algarme (Migration) [2019] AATA 6289 (20 September 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Nelson Sanchez Algarme
Ms Jelynda Lagundi Algarme
Mr Justin Nelson Lagundi Algarme

CASE NUMBER:  1924311

DIBP REFERENCE(S):  BCC2018/5643816

MEMBER:Ian Berry

DATE:20 September 2019

PLACE OF DECISION:  Brisbane

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 189 visa:

·Cl.189.232 of Schedule 2 to the Regulations

Statement made on 20 September 2019 at 8:15am

CATCHWORDS
MIGRATION – Skilled Independent (Permanent) visa – Subclass 189 – Notices of taxation Assessment provided– new evidence – decision under review remitted

LEGISLATION
Migration Act 1958, s 65
Migration Regulations 1994, Schedule 2, cl 189.232

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Immigration to refuse to grant the applicants Skilled Independent (Permanent) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 14 December 2018. The delegate refused to grant the visas on 14 August 2019.

2. The delegate made the decision on the basis that evidence of the first named applicant’s taxation assessments for the fiscal years ending 30 June 2015, 30 June 2016, 30 June 2017 and 30 June 2018 were not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 30 August 2019 the Tribunal received ATO[1] assessments for the years ending 30 June 2015, 30 June 2016, 30 June 2017 and 30 June 2018. For the year ending 30 June 2018, a notice of amended assessment was also included which did not have a bearing on the outcome of the decision.

   [1] ‘Australian Taxation Office’ acronym

4. In light of the new evidence received, the Tribunal is satisfied that the criterion is met and has concluded that the matter should be remitted for reconsideration.

   DECISION

5. The Tribunal remits the application for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 189 visa:

   ·Cl.189.232 of Schedule 2 to the Regulations.

   Ian Berry
   Member