Amyes (Migration)

This matter concerned an appeal to the Administrative Appeals Tribunal regarding the refusal of a Skilled Independent (Permanent) (Class SI) visa, Subclass 189. The applicant's eligibility for the visa was contingent on meeting a minimum taxable income requirement for specified income years. The core of the dispute revolved around the applicant's failure to meet this threshold in the 2016/2017 income year, and whether any exemptions applied to his circumstances.

The Tribunal was required to determine whether the applicant satisfied the criteria for the Subclass 189 visa, specifically concerning the minimum taxable income requirement. This involved assessing whether the applicant's income in the relevant income years met the threshold specified by the Minister, and if not, whether the applicant fell within any of the classes of exempt applicants as defined in the relevant legislative instrument. The Tribunal also had to consider whether it possessed any discretion to look beyond the specified income years.

The Tribunal found that while the applicant's income exceeded the minimum threshold in most relevant income years, it fell below the required amount of $53,900 in the 2016/2017 income year. The Tribunal accepted the applicant's explanation for this reduction, which was due to redundancy and the commencement of his own business. However, the Tribunal determined that the applicant did not fall within any of the specific exemptions provided for in the Minister's instrument, which included circumstances related to subclass 444 visa holders facing restrictions on leaving Australia due to child custody orders, receiving injury compensation, or being on approved parental or carer's leave. The Tribunal concluded that it did not have the discretion to consider other income years, and as the applicant did not satisfy the income requirement or any applicable exemption, he did not meet the criteria for the visa. Consequently, the Tribunal affirmed the decision not to grant the visa.