Goordeen (Migration)

The Administrative Appeals Tribunal considered the case of Goordeen, where the applicants sought a Skilled – Independent (Permanent) (Class SI) visa, subclass 189. The central dispute revolved around whether the primary applicant met the required taxable income threshold for the four most recently completed financial years prior to the application date of 25 April 2020, or if they fell within an exempt class of applicants.

The Tribunal was required to determine if the applicant's taxable income for the 2015/16, 2016/17, 2017/18, and 2018/19 income years met the minimum amount specified by the Minister, which was $53,900 per year as per legislative instrument LIN 21/018. Alternatively, the Tribunal had to assess if the applicant satisfied the criteria for any of the exemption categories outlined in the same instrument, which included specific circumstances related to parental or carer's leave, injury compensation, or the impact of the COVID-19 pandemic on income for the 2019/20 or 2020/21 income years.

The Tribunal found that the applicant's taxable income, after excluding salary sacrificed amounts and considering the impact of negatively geared investment properties, did not meet the minimum threshold. Furthermore, the applicant did not satisfy the criteria for any of the specified exemption categories. The Tribunal noted that the applicant's taxable income was calculated in accordance with the *Income Tax Assessment Act 1997*, and the exemption categories, as defined by LIN 21/018, did not apply to their circumstances.

Consequently, the Tribunal affirmed the decision not to grant the applicants the Skilled – Independent (Permanent) (Class SI) visas. The Tribunal also advised that the applicants could make a direct request to the Minister under section 351 of the *Migration Act 1958* for intervention if they believed their case warranted it due to unique or compelling circumstances.