ANARWALA (Migration)

This matter concerned an application for a Skilled Independent (Permanent) (Class SI) visa, subclass 189. The applicant sought review of a decision concerning their eligibility for this visa. The case was heard by Lilly Mojsin, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clauses 189.232 and 189.233 of Schedule 2 to the relevant regulations. Specifically, the Tribunal had to determine if the applicant had provided sufficient evidence of their income tax assessments for the four most recently completed income years prior to the application date, and if their taxable income for those years met or exceeded the minimum threshold specified by the Minister.

The Tribunal considered the applicant's provided Australian Taxation Office Notices of Assessment for the financial years 2013 through 2018. It noted that the relevant legislative instrument, IMMI 17/035, specified a minimum income threshold of $53,900 for the financial years 2013 to 2017. The Tribunal found that the applicant's taxable income for these years, as evidenced by the Notices of Assessment, exceeded this threshold in each instance ($53,963 in 2013, $60,698 in 2014, $61,013 in 2015, $63,755 in 2016, and $64,008 in 2017). Consequently, the Tribunal was satisfied that the applicant met the requirements of both clauses 189.232 and 189.233.

Based on these findings, the Tribunal remitted the visa application to the Minister for reconsideration. The remittal was made with the direction that the applicant had met the criteria specified in clauses 189.232 and 189.233 of Schedule 2 to the Regulations, allowing the Minister to consider the remaining criteria for the Subclass 189 visa.