Amtul Jaleel (Migration)

This matter concerned an application for a Skilled – Independent (Permanent) (Class SI) visa, Subclass 189, made by the first named applicant and her family members. The central dispute revolved around whether the first named applicant had provided the requisite notices of assessment from the Commissioner of Taxation for the four most recently completed income years prior to the date of application. The decision was made by the Tribunal.

The legal issue before the Tribunal was to determine whether the first named applicant had satisfied the criteria under clause 189.232 of Schedule 2 to the Migration Regulations, which required the provision of notices of assessment for the four most recent income years. This was in the context of a request from the Department for specific tax years and subsequent submissions made by the applicant to the Tribunal.

The Tribunal found that the first named applicant had indeed provided copies of notices of assessment from the Commissioner of Taxation for the income years 2012-2013, 2013-2014, 2014-2015, 2015-2016, and 2016-2017. As this encompassed the four most recently completed income years before the application date, the Tribunal was satisfied that the applicant met the criteria under cl.189.232(1). Consequently, the Tribunal also found that the other named applicants, as family members, met the criteria for the Subclass 189 visa.

The Tribunal remitted the applications for Skilled – Independent (Permanent) (Class SI) visas for reconsideration by the Minister, with the direction that the first named applicant met the criteria under cl.189.232 of Schedule 2 to the Regulations, and that the other applicants met the criteria as family members.