Lauofo (Migration)

[2019] AATA 1330

Lauofo (Migration) [2019] AATA 1330 (15 April 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Maryann Lauofo

CASE NUMBER:  1905829

DIBP REFERENCE(S):  BCC2018/3010136

MEMBER:Antonio Dronjic

DATE:15 April 2019

PLACE OF DECISION:  Melbourne

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

·cl.189.232 (1) of Schedule 2 to the Regulations.

Statement made on 15 April 2019 at 1:12pm

CATCHWORDS
MIGRATION – Skilled Independent (Permanent) (Class SI) visa – Subclass 189 (Skilled Independent) – tax assessment notice – copy received by Tribunal – 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 applicant a Skilled Independent (Permanent) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 10 August 2018. The delegate refused to grant the visa on 8 March 2019.

2. The delegate made the decision on the basis that the applicant has failed to provide tax assessment notice for 2018 financial year in relation to the four most recently completed income years before the date of application. Accordingly the delegate found that the applicant does not meet the requirements of cl.189.323 (1) to Migration Regulations 1994 (the Regulations).

3. On 15 March 2019 the Tribunal received a copy of the Tax Assessment notice for the year ended on 30 June 2018. 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 applicant meets the following criteria for a Subclass 189 visa:

   ·cl.189.232(1) of Schedule 2 to the Regulations

   Antonio Dronjic
   Member