Toombs-Treselyan (Migration)

This matter concerned an application for approval as a parent sponsor for a Sponsored Parent (Temporary) (Class GH) visa, Subclass 870. The applicant sought to combine his income with that of his brother to meet the income test requirements. The Administrative Appeals Tribunal was required to determine whether the applicant met the criteria for approval as a parent sponsor, specifically in relation to the income test.

The primary legal issue before the Tribunal was whether the applicant, by combining his taxable income with that of his brother, satisfied the income threshold stipulated by Regulation 2.60W of the Migration Regulations 1994 and Legislative Instrument 19/146. This involved assessing whether the combined taxable income met the prescribed amount and whether the applicant's individual taxable income met the minimum threshold required when combining incomes.

The Tribunal considered Regulation 2.60W(2), which permits the combination of income with another person specified in Regulation 2.60W(3). The applicant's brother was found to be a person specified in Regulation 2.60W(3)(b). The relevant income year was determined to be 2019-20, with the prescribed income threshold being $83,454.80. The applicant's taxable income for that year was $11,654, and his brother's was $38,533, totalling $50,187. This combined amount fell short of the required threshold. While the applicant provided evidence of accumulated savings and explained that his reduced income in the relevant year was due to starting a new business, the Tribunal found that the combined taxable income did not meet the statutory requirement.

Consequently, the Tribunal affirmed the decision under review, meaning the applicant was not approved as a parent sponsor.