TAUILIILI PELESASA (Migration)

This matter concerned an application for a Skilled Independent (Permanent) (Class SI) visa, Subclass 189. The applicant sought review of a decision concerning their eligibility for this visa subclass. The Tribunal was tasked with determining whether the applicant met the requirements of the relevant migration regulations.

The primary legal issue before the Tribunal was whether the applicant had satisfied clause 189.232 of the Migration Regulations 1994. This clause mandates the provision of copies of notices of assessment, and any amended notices, from the Commissioner of Taxation for the four most recently completed income years preceding the application date. The Tribunal also considered whether the applicant's taxable income met the threshold specified by the Minister.

The Tribunal found that the applicant had ultimately provided the required notices of assessment for the income years 2013 to 2017, thereby satisfying clause 189.232(1). It further observed that the provided assessments indicated the applicant's taxable income exceeded the ministerial threshold and that the notices contained the applicant's Tax File Number, satisfying clause 189.232(2). Consequently, the Tribunal concluded that the applicant met clause 189.232.

Given this finding, the Tribunal remitted the visa applications for reconsideration by the Minister. The remittal was made with a direction that the first-named applicant met the criteria under clause 189.232 for a Subclass 189 visa, and the second and third-named applicants met the criteria under clause 189.311.