Hodgetts (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 189 (Skilled – Independent) visa. The applicant sought review of a decision concerning their eligibility for this visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 189 visa, specifically in light of new evidence provided after the initial decision.

The Tribunal was satisfied that the criterion, identified as cl.189.232 of Schedule 2 to the Regulations, was met. This satisfaction arose from the receipt of an amended tax assessment notice for the year ended 30 June 2016. Consequently, the Tribunal remitted the application for reconsideration. The direction was that the first named applicant meets the specified criteria for the visa.