Blagdon (Migration)

The Administrative Appeals Tribunal considered a migration matter involving an applicant seeking a Skilled Independent (Permanent) visa (Subclass 189), New Zealand stream. The dispute centred on whether the applicant had provided sufficient evidence of meeting the minimum income threshold for the four most recently completed income years prior to the application date.

The primary legal issue before the Tribunal was to determine if the applicant had satisfied the requirements of clauses 189.232 and 189.233 of Schedule 2 to the Migration Regulations. Specifically, the Tribunal had to assess whether the applicant had provided notices of assessment from the Commissioner of Taxation for the relevant income years, and whether her taxable income for those years met or exceeded the minimum amount specified by the Minister, or if she qualified as an exempt applicant. The relevant legislative instrument, IMMI 17/035, specified a minimum income threshold of $53,900 for the 2014, 2015, 2016, and 2017 financial years.

The Tribunal's reasoning focused on the evidence presented. Initially, the delegate had refused the application because, despite acknowledging an employer letter regarding underpayment, the applicant had not provided amended notices of assessment. However, the applicant subsequently provided the Tribunal with ATO Notices of Assessment for the 2013/14, 2014/15, 2015/16, and 2016/17 financial years, which showed amended taxable incomes of $62,724, $66,452, $55,928, and $93,951 respectively. The Tribunal found that these amended assessments demonstrated that the applicant's taxable income for each of these years was no less than the specified minimum amount of $53,900, thereby satisfying clauses 189.232 and 189.233.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration. The Tribunal directed that the applicant be considered to have met the criteria under clauses 189.232 and 189.233 of Schedule 2 to the Regulations, allowing for the assessment of the remaining criteria for the Skilled Independent visa.