Oudom (Migration)

This matter concerned an appeal to the Tribunal regarding a refusal to approve the applicant as a parent sponsor for a Sponsored Parent (Temporary) (Class GH) visa, Subclass 870. The primary dispute revolved around whether the applicant met the income test requirements for sponsorship.

The legal issues before the Tribunal were to determine whether the applicant satisfied the income test as prescribed by Regulation 2.60W of the Migration Regulations 1994. Specifically, the Tribunal had to consider whether the applicant's taxable income, when combined with her partner's income, met the required threshold, and crucially, whether the applicant's own taxable income was at least half of the prescribed amount for the relevant income year.

The Tribunal applied Regulation 2.60W, which allows for the combination of an applicant's income with that of a specified person, such as a partner. The relevant prescribed amount for the income year was $83,454.80, with the applicant's own taxable income needing to be at least half of this amount ($41,727.40). While the Tribunal accepted that the combined income of the applicant and her partner for the 2018-19 financial year exceeded the prescribed threshold, it found that the applicant's individual taxable income for that year was only $11,988.80. This amount fell significantly short of the requirement that her own taxable income be at least $41,727.40.

Consequently, the Tribunal concluded that the applicant failed to meet the income test requirements under Regulation 2.60W(2)(b). Accordingly, the Tribunal affirmed the decision under review, which was the refusal of the parent sponsorship application.