Loo-Ng (Migration)

The Administrative Appeals Tribunal considered the application of Ms Loo-Ng for a Skilled - Independent (Permanent) (Class SI) visa, Subclass 189, New Zealand stream. The primary dispute concerned whether Ms Loo-Ng met the income threshold requirement stipulated by the relevant legislative instrument.

The Tribunal was required to determine if Ms Loo-Ng satisfied the requirements of clause 189.233 of the Migration Regulations, which mandates a minimum taxable income for the applicant in the four most recently completed income years prior to the application date. This determination involved assessing whether the taxable income, as indicated on the notices of assessment issued by the Commissioner of Taxation, met the threshold of $53,900 for the financial years ending 30 June 2014, 2015, 2016, and 2017.

The Tribunal noted that while Ms Loo-Ng's gross payments, as shown on PAYG summaries, exceeded the threshold in each relevant year, her taxable income, as detailed in the notices of assessment, fell below $53,900 for all four years. Ms Loo-Ng explained that this shortfall was due to losses from investment properties, and she argued for a broader consideration of her family's circumstances. Despite these submissions, the Tribunal found that the legislative requirement for taxable income was not met.

Ultimately, the Tribunal affirmed the decision not to grant the visa. However, having considered the applicant's case and the ministerial guidelines concerning discretionary powers, the Tribunal decided to refer the matter to the Department.