Hodgetts (Migration)

[2019] AATA 3899

Hodgetts (Migration) [2019] AATA 3899 (2 September 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Joshua Joseph Hodgetts
Mrs Ellis Kurniawan Hodgetts

CASE NUMBER:  1920259

DIBP REFERENCE(S):  BCC2018/4580211

MEMBER:Michelle East

DATE:2 September 2019

PLACE OF DECISION:  Perth

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

·cl.189.232 of Schedule 2 to the Regulations

Statement made on 02 September 2019 at 3:25pm

CATCHWORDS
MIGRATION – Skilled – Independent (Permanent) (Class SI) visa – Subclass 189 – Tax Assessment notice provided – decision under review remitted

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

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 applicants Skilled Independent (Permanent) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 19 October 2018. The delegate refused to grant the visas on 10 July 2019.

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

3. The delegate therefore found that the first-named applicant (‘the applicant’) did not meet clause 189.232 of the Regulations.

4. On 5 August 2019 the Tribunal received a copy of the applicant’s ‘Notice of Amended Assessment – year ended 30 June 2016’.  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

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

   ·cl.189.232 of Schedule 2 to the Regulations

   Michelle East
   Member