Senda (Migration)

The Administrative Appeals Tribunal considered an application by Mr Senda for a Skilled Independent visa (subclass 189). Mr Senda's application had been refused by a delegate because he failed to meet a mandatory criterion, clause 189.233 of the Migration Regulations. This clause requires applicants to demonstrate a specified taxable income for each of the four most recently completed tax years before lodging their application, or to be a member of an exempt class.

The Tribunal was required to determine whether Mr Senda satisfied the income requirement stipulated in clause 189.233. Specifically, the court needed to assess if Mr Senda's taxable income for the tax years ending 30 June 2014 and 30 June 2015 met or exceeded the specified amount of $53,900 for each of those years, and whether he belonged to any exempt class.

The Tribunal acknowledged Mr Senda's submissions regarding his significant contributions to Australia and his belief that he would meet the income requirement if he reapplied. However, the Tribunal found the requirement in clause 189.233 to be unambiguous. The evidence presented showed that Mr Senda's taxable income for the years ended 30 June 2014 and 30 June 2015 was $52,919 and $51,460 respectively, both of which were below the specified minimum. As there was no evidence that Mr Senda was a member of an exempt class, the Tribunal concluded that he did not satisfy the mandatory criterion. The Tribunal affirmed the delegate's decision to refuse the visa.