Kandpal (Migration)

The Administrative Appeals Tribunal considered an application for approval as a sponsor for a Sponsored Parent (Temporary) (Class GH) visa, Subclass 870. The applicant sought to sponsor their parent for this visa. The central dispute concerned whether the applicant met the income test requirements for sponsorship.

The primary legal issue before the Tribunal was whether the applicant's income, when combined with their husband's income, satisfied the financial threshold stipulated by Legislative Instrument 19/146 for approval as a family sponsor. Specifically, the Tribunal had to determine if the applicant's share of the combined taxable income met the required proportion of the specified amount for the most recent completed taxable income year prior to the application.

The Tribunal found that the applicant's taxable income, when considered in conjunction with their husband's, exceeded the required amount of $83,454.80 for the relevant financial year. The applicant's individual taxable income was also determined to be at least half of the specified amount. Consequently, the Tribunal concluded that the applicant met the income criteria under subregulations 2.60W(1) and (2) of the Migration Regulations.

The Tribunal remitted the application for the Sponsored Parent (Temporary) (Subclass 870) visa to the Minister for reconsideration. The remittal was made with the direction that the applicant had satisfied the income criteria for a Subclass 870 visa, allowing the Minister to assess any other remaining eligibility requirements.