Pretorius (Migration)

The Administrative Appeals Tribunal considered an application by Mr. Pretorius for review of a decision concerning his eligibility as a sponsor for a Sponsored Parent (Temporary) (Class GH) visa, Subclass 870. The core of the dispute centred on whether Mr. Pretorius met the income requirements to be approved as a parent sponsor, particularly in light of his reduced income during a period when he was caring for his children.

The primary legal issue before the Tribunal was to determine if Mr. Pretorius satisfied the income test as prescribed by regulation 2.60U(1)(f) and regulation 2.60W of the Migration Regulations. Specifically, the Tribunal had to ascertain whether the combined taxable income of Mr. Pretorius and his wife met the minimum threshold, which required it to be at least half of the prescribed amount for the relevant income year.

The Tribunal accepted the evidence that Mr. Pretorius's taxable income for the year ending 30 June 2019 was $12,608, while his wife's was $100,758. Mr. Pretorius explained that his income was reduced because he was caring for his children for a significant portion of that tax year, recommencing work in April 2019 with an annual salary of approximately $45,000. The Tribunal acknowledged the applicant's and his wife's credibility and the circumstances surrounding the reduced income. However, the Tribunal noted that regulation 2.60W(1) requires the applicant's taxable income to be at least equal to the specified amount, and while regulation 2.60W(2) allows for the combination of incomes, it must still meet the minimum threshold.

Ultimately, the Tribunal affirmed the decision under review. While the Tribunal considered the applicant's case and ministerial guidelines, it concluded that the income requirements were not met. The Tribunal indicated it would refer the matter to the Department.