AAT Bulletin Issue # 1 – 7 Jan 2019

The latest AAT Bulletin contains references to several citizenship & migration review decisions

The latest AAT Bulletin contains references to the following migration review decisions:

Citizenship

Hanna and Minister for Home Affairs (Citizenship) [2019] AATA 1 (3 January 2019); Senior Member L Kirk

EXTENSION OF TIME – citizenship – application for conferral of Australian citizenship – refusal of citizenship application on the grounds the Applicant did not satisfy s 21(3)(d) of the Australian Citizenship Act – permanent or enduring physical or mental incapacity – principles to be applied – whether the applicant rested on her rights – extension of time granted

Migration

Nguyen and Minister for Home Affairs (Migration) [2018] AATA 4637 (17 December 2018); Deputy President SA Forgie

MIGRATION – mandatory cancellation of visa due to substantial criminal record – no other reason why decision should be revoked – decision affirmed

Nguyen and Minister for Home Affairs [2018] AATA 4659 (19 December 2018); Senior Member DJ Morris

MIGRATION – refusal of residence return visa – consideration of character test – drug offences – other offences – risk of applicant engaging in criminal conduct in Australia – misleading information in passport application – assessment of risk – applicant fails character test – consideration of ministerial direction – primary considerations – other considerations – any other relevant matter – decision set aside and remitted

Nguyen and Minister for Immigration and Border Protection (Migration) [2018] AATA 4664 (20 December 2018); Senior Member R Cameron

MIGRATION – mandatory cancellation of applicant’s visa under s 501(3A) – whether discretion under s 501CA(4) to revoke mandatory cancellation should be exercised – single offence – trafficking in a large commercial quantity of heroin – no prior criminal convictions – imprisonment term of more than 12 months – substantial criminal record – protection of the Australian community – best interests of minor children – expectations of the Australian community – strength, nature and duration of ties to Australia – extent of impediments if returned to Vietnam – decision affirmed

RZMW and Minister for Home Affairs (Migration) [2018] AATA 4620 (11 December 2018); Senior Member T Tavoularis

MIGRATION – non-revocation of mandatory cancellation of protection visa – expedited matter – where visa was cancelled under s 501(3A) – applicant does not pass character test – 12 month imprisonment – whether discretion in s 501CA to revoke mandatory cancellation should be exercised – considerations in Direction No 65 – consideration in Direction No 75 – applicant committed violent offences – applicant committed offences against personal and property rights of others – applicant committed offences indicating refusal to submit to lawful authority – decision under review affirmed


Disclaimer: the above is a mere reproduction of a bulletin. The views expressed in those documents might not reflect the view of the Department, the AAT or the courts. The law or policies might have changed between the writing and reading of this article. The author of this article and Migration Law Updates disclaim any liability for any action (or omission) on their part based on any information provided (or not provided) in this article and are under no obligation to keep the general public nor practitioners informed about the matters discussed in this article or any other matters, or any future changes to any of those matters. It is the responsibility of each practitioner to obtain access to primary sources of law and policy by themselves and to carry out their own research and come to their own conclusions on legislation, case law, policies and more. This article is not intended for the general public.


Sergio Zanotti Stagliorio is a Registered Migration Agent (MARN 1461003). He is the owner of Target Migration in Sydney. He can be reached at sergio@targetmigration.com.au