Gover (Migration)

[2019] AATA 3492

Gover (Migration) [2019] AATA 3492 (12 June 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Dr Kirsty Ann Gover

CASE NUMBER:  1911684

DIBP REFERENCE(S):  BCC2018/5081125

MEMBER:Mary Sheargold

DATE:12 June 2019

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 189 visa:

·cl.189.232(1) of Schedule 2 to the Regulations

Statement made on 12 June 2019 at 6:25pm

CATCHWORDS

MIGRATION – Skilled Independent (Permanent) – Subclass 189 Skilled Independent – tax documents – evidence provided upon review – decision under review remitted

LEGISLATION

Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2 cl 189.232(1)

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Immigration to refuse to grant the applicant a Skilled Independent (Permanent) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 15 November 2018. The delegate refused to grant the visa on 1 May 2019.

2. The delegate made the decision on the basis that her notice of assessment (for income tax) for the financial period of the year ending on 30 June 2017 (2016-2017 tax year) was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 10 May 2019 the Tribunal received a copy of the applicant’s notice of assessment for the year ending on 30 June 2017. In light of the new evidence received, the Tribunal is satisfied that the criterion is met and has concluded that the matter should be remitted for reconsideration.

   DECISION

4. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 189 visa:

   ·cl.189.232(1) of Schedule 2 to the Regulations

   Mary Sheargold
   Member