Lin (Migration)

The Administrative Appeals Tribunal (Cth) considered an application by Mr Lin for review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse to grant him a Subclass 870 Sponsored Parent (Temporary) visa. The visa application was supported by Mr Lin's son, who sought to be approved as a parent sponsor.

The primary legal issue before the Tribunal was whether the sponsor met the income requirement for approval as a parent sponsor under the *Migration Regulations 1994* (Cth). Specifically, the Tribunal had to determine if the sponsor's income derived from an overseas employment contract, where he was not physically working or earning a taxable income in Australia at the time of the sponsorship application, satisfied the relevant legislative criteria.

The Tribunal reasoned that the *Migration Regulations* require a sponsor to have a taxable income in Australia for the income year in which the sponsorship application is made, or for at least two of the three income years immediately preceding the application. The sponsor's evidence indicated he was employed by an overseas company and was not earning a taxable income in Australia during the relevant period. Consequently, the Tribunal found that the sponsor failed to meet the income threshold stipulated by the regulations.

The Tribunal affirmed the delegate's decision to refuse to approve the sponsor, which in turn meant that Mr Lin's visa application could not be approved.