Danusantoso Da Silva (Migration)

The Administrative Appeals Tribunal considered the application of Ms Danusantoso Da Silva for a Sponsored Parent (Temporary) (Class GH) visa, subclass 870. The core of the dispute concerned whether Ms Da Silva met the income test requirements to be approved as a parent sponsor.

The primary legal issue before the Tribunal was whether the applicant and her partner satisfied the income test as prescribed by the relevant regulations for a Sponsored Parent (Temporary) visa. Specifically, the Tribunal had to determine if their most recent completed taxable income year prior to the application met the required financial threshold.

The Tribunal found that the applicant and her partner's combined taxable income for the 2017/18 income year was $60,352, which was below the prescribed amount of $83,454.80. The Tribunal was not satisfied that the applicant met the income test, and therefore, was not satisfied that the requirements of regulation 2.60U(1)(f) were met. Consequently, the Tribunal affirmed the decision not to approve the applicant as a parent sponsor.