Gray (Migration)

This matter concerned an application for a Skilled Independent (Permanent) (Class SI) visa, Subclass 189, by Ms Gray and Mr Ely. The Administrative Appeals Tribunal was required to determine whether the decision not to grant the visa should be affirmed.

The Tribunal was asked to consider two primary issues. Firstly, whether Ms Gray had a minimum taxable income of $53,900 for each of the four full fiscal years preceding her visa application. Secondly, if she did not meet this income requirement, whether she qualified for any of the exemptions provided in IMMI 17/035.

The Tribunal found that Ms Gray and Mr Ely operated a resort business through a corporate trustee of a discretionary trust. On the advice of their accountant, the trustee directed more income to the company, resulting in Ms Gray receiving less than the prescribed minimum taxable income of $53,900 for the relevant period. Consequently, Ms Gray did not satisfy clause 189.233 of the relevant regulations. Ms Gray also conceded that none of the exemptions under IMMI 17/035 applied to her situation. As Mr Ely's eligibility depended on Ms Gray satisfying the primary criteria, and she had failed to do so, he could not satisfy clause 189.311 as he was not a member of the family unit of a primary applicant who held the visa.

The Tribunal affirmed the decision not to grant the Skilled Independent (Permanent) (Class SI) visa to the applicants.