Labudde (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled Independent (Permanent) visa (Subclass 189). The applicant had provided amended Notices of Assessment for several financial years, detailing taxable incomes significantly higher than previously submitted.

The primary legal issue before the Tribunal was whether the applicant met the relevant criteria for the Subclass 189 visa, specifically in light of the new financial evidence presented. The Tribunal was required to assess if this new evidence satisfied the requirements of the migration regulations.

The Tribunal was satisfied that the amended Notices of Assessment constituted new and relevant evidence. Based on this evidence, the Tribunal concluded that the first named applicant met criterion Cl.189.232 of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the applications for reconsideration, directing that the first named applicant be found to meet the specified criteria. The Tribunal also remitted the applications for the second, third, and fourth applicants for reconsideration, with a direction that they meet criterion Cl.189.311 of Schedule 2 to the Regulations.