Labudde (Migration)

[2019] AATA 4466

Labudde (Migration) [2019] AATA 4466 (9 September 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Terry Bobby Labudde
Mrs Louise Jodie Labudde
Master Thomas Jack Labudde
Master Malakye Malani Labudde

CASE NUMBER:  1918845

DIBP REFERENCE(S):  BCC2018/2179513

MEMBER:Ian Berry

DATE:9 September 2019

PLACE OF DECISION:  Brisbane

DECISION: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

The Tribunal remits the applications for Skilled - Independent (Permanent) (Class SI) visas for reconsideration, with the direction that the second, third and fourth applicants meet the following criteria for a Subclass 189 visa:

• Cl.189.311 of Schedule 2 to the Regulations

Statement made on 09 September 2019 at 4:56pm

CATCHWORDS
MIGRATION – Skilled Independent (Permanent) visa – Subclass 189 – Notices of Assessment provided– new evidence – decision under review remitted

LEGISLATION
Migration Act 1958, s 65
Migration Regulations 1994, Schedule 2, cls 189.311, 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 20 May 2018. The delegate refused to grant the visas on 28 June 2019.

2. The delegate made the decision on the basis that evidence of the applicant who supplied Notices of Assessment from the Australian Taxation Office (ATO) for the years ending 30 June 2015, 30 June 2016 and 30 June 2017. However, the applicant was required to supply Notices of Assessment for the four complete years before the making of the application on 20 May 2018. Those Notices were not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 12 July 2019 the Tribunal received from the applicant Notices of Assessment (the assessment ended 30 June 2014 was an amended assessment for the years ended 30 June 2013, 30 June 2014, 30 June 2015, 30 June 2016 and 30 June 2017, which had taxable incomes of $207,832, $228,439, $387,327, $270,947 and $195,418 respectively. 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 first named applicant meets the following criteria for a Subclass 189 visa:

   •Cl.189.232 of Schedule 2 to the Regulations

5. The Tribunal remits the applications for Skilled - Independent (Permanent) (Class SI) visas for reconsideration, with the direction that the second, third and fourth applicants meet the following criteria for a Subclass 189 visa:

   •Cl.189.311 of Schedule 2 to the Regulations

   Ian Berry
   Member