Van (Migration)

The Administrative Appeals Tribunal considered the applications of a primary applicant and two other individuals for a Skilled Independent (Permanent) visa (Subclass 189). The dispute centred on whether the primary applicant met the requirements of clause 189.232 of Schedule 2 to the relevant regulations, which pertains to taxation assessments.

The Tribunal was required to determine if the primary applicant had provided sufficient evidence of their income tax liability for the four most recently completed income years immediately preceding the date of application. Specifically, the Tribunal had to assess whether the notices of assessment submitted by the applicant satisfied the criteria stipulated in clause 189.232(1).

The Tribunal found that the applicant had provided notices of assessment for the income years ending 30 June 2016, 2017, 2018, 2019, and 2020. Based on this evidence, the Tribunal concluded that the primary applicant met the requirements of clause 189.232. Consequently, the Tribunal remitted the visa applications for reconsideration by the Minister, directing that the primary applicant had met the specified criteria and that the applications of the second and third named applicants, as members of the family unit, should also be reconsidered.