Dimri (Migration)

This matter concerned an appeal by an applicant for a Skilled - Independent (Permanent) (Class SI) visa, Subclass 189, before the Tribunal. The central dispute revolved around whether the applicant had met the requirement to demonstrate a minimum specified taxable income for the four most recently completed income years prior to the application, or alternatively, qualified for an exemption from this requirement.

The Tribunal was required to determine two primary legal issues. Firstly, whether the applicant's provided taxable income for the relevant income years met or exceeded the minimum amount specified by the Minister. Secondly, if the applicant's income fell short, whether they were a member of a class of exempt applicants as defined by the Minister and had provided the requisite evidence for such an exemption. The Tribunal noted that the applicant sought to rely on reasons such as unpaid leave to care for family and underpayments by an employer, and also attempted to use income from a subsequent year and combined family income.

The Tribunal found that the applicant's taxable income in the 2016/2017, 2014/2015, and 2013/2014 income years was less than the minimum specified amount of $53,900. It was also determined that the applicant's argument regarding combined family income exceeding $100,000 did not satisfy the requirement for individual taxable income under clause 189.233(1)(a) of Schedule 2 to the Regulations, as there was no provision for such a consideration. Furthermore, income from the 2017/2018 year was deemed irrelevant as it was not one of the four most recently completed income years.

Consequently, the Tribunal remitted the visa application for reconsideration by the Minister. The remittal was made with the direction that the first named applicant was considered to meet the criteria outlined in clauses 189.232 and 189.233 of Schedule 2 to the Regulations, implying that further consideration of the exemption criteria or other aspects of the application was warranted.