Zahidi (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Mr Zahidi for approval as a sponsor for a Sponsored Parent (Temporary) (Class GH) visa, subclass 870. The core of the dispute concerned whether Mr Zahidi met the income test requirements stipulated by the relevant regulations.

The primary legal issue before the Tribunal was whether Mr Zahidi's taxable income for the 2018/2019 income year met the minimum threshold required to be approved as a parent sponsor. Specifically, the Tribunal had to determine if the applicant's income satisfied the requirements of regulation 2.60U(1)(f) of the Migration Regulations 1994.

The Tribunal found that Mr Zahidi's taxable income for the relevant period was $0.00. This was significantly less than the required minimum of $83,454.80, which represents half of the prescribed amount. The Tribunal concluded that there was no discretion to consider other forms of income, such as that derived from investment properties, beyond the prescribed taxable income. Consequently, the Tribunal was not satisfied that Mr Zahidi met the income test or the applicable criteria prescribed in the Regulations.

Accordingly, the Tribunal affirmed the decision to refuse to approve Mr Zahidi as a parent sponsor.