Naidoo (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled Independent (Permanent) (Class SI) visa, Subclass 189, made by the first named applicant, and a related application by the second named applicant. The primary dispute concerned whether the first named applicant met the income and assessment notice requirements stipulated by clauses 189.232 and 189.233 of Schedule 2 to the relevant regulations.

The Tribunal was required to determine if the first named applicant had provided copies of notices of assessment from the Commissioner of Taxation for the four most recently completed income years prior to the application date, as mandated by clause 189.232. Additionally, the Tribunal had to ascertain whether the applicant's taxable income in each of those years met or exceeded the minimum threshold specified by the Minister, as required by clause 189.233, which was set at $53,900 per annum by Legislative Instrument IMMI 17/035.

The Tribunal found that the first named applicant had satisfied clause 189.232 by submitting notices of assessment for the financial years ending 2014, 2015, 2016, and 2017. Furthermore, the submitted notices demonstrated that the applicant's taxable income in each of those years exceeded the $53,900 threshold, thereby meeting the requirements of clause 189.233. Consequently, the Tribunal remitted the applications for reconsideration, directing that the first named applicant met these specific visa criteria. The Tribunal also noted that the second named applicant's application, refused on family unit grounds, would be reconsidered by the Department in light of the outcome for the first named applicant.