AAT Bulletin Issue # 10 – 11 Mar 2019

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

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

Citizenship

Kadir Muhamad and Minister for Immigration and Border Protection (Citizenship) [2019] AATA 351 (8 March 2109); C Puplick AM, Senior Member

CITIZENSHIP – citizenship test exemption – whether the applicant suffered from a permanent or enduring physical or mental incapacity – decision affirmed

Migration

Barron and Minister for Home Affairs (Migration) [2019] AATA 315 (4 March 2019); Senior Member B J Illingworth

MIGRATION – mandatory cancellation of applicant’s visa – applicant has substantial criminal record– whether discretion to revoke mandatory cancellation should be exercised – primary considerations– other considerations – decision under review affirmed

CJQP and Minister for Home Affairs (Migration) [2019] AATA 332 (5 March 2019); Senior Member T Tavoularis

MIGRATION – non-revocation of mandatory cancellation of Class BB Subclass 155 Five Year Resident Return 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 79 – consideration in Direction No 75 – decision under review affirmed

Davids (Migration) [2019] AATA 280 (16 January 2019); J Clarke, Member

MIGRATION – Child (Residence) (Class BT) – Subclass 802 (Child) – applicant over 18 – adopted by paternal grandparents – former carer died – financially supported by adoptive parents – credible witnesses – ministerial intervention referral – decision under review affirmed

FGHG and Minister for Home Affairs (Migration) [2019] AATA 329 (6 March 2019); Mr A Maryniak QC, Member

MIGRATION – mandatory cancellation of a Class UK Subclass 820 Partner (Temporary) visa –applicant concedes he does not pass the character test – serious and violent criminal offence –Ministerial Direction no. 79 – primary and other considerations – whether mandatory cancellation should be revoked – protection of the Australian community – low risk of violent recidivism – best interests of minor children – expectations of the Australian community – weight to be given to the primary and other considerations – decision under review revoked

Igbolekwu (Migration) [2019] AATA 327 (13 February 2019); Deputy President J Redfern (Presiding) and C Huntly, Member

MIGRATION – Student (Temporary) (Class TU) Subclass 500 visa – cancellation under s.116(1)(g) of the Migration Act 1958 – whether the prescribed ground in r.2.43(1)(o) of the Migration Regulations 1994 applies – visa cancelled following investigation into the circumstances surrounding the grant – consideration of the expressions ‘reasonably suspects’, ‘as a result of’ and ‘fraudulent conduct’ – insufficient evidence of a causal connection between the fraudulent conduct and the granting of the visa – ground for cancellation not established – decision set aside and substituted

Moustafa (Migration) [2019] AATA 267 (15 January 2019); H Claringbold, Member

MIGRATION – Prospective Marriage (Temporary) (Class TO) – Subclass 300 (Prospective Marriage)– Tribunal notified of marriage – taken to have applied for other partner visas – decision under review remitted for reconsideration

Ocares Rojas (Migration) [2019] AATA 191 (18 January 2019); M Bishop, Member

MIGRATION – Student (Temporary) (Class TU) – Subclass 500 (Student) – genuine temporary entrant – sequential and continuing course enrolment – good academic progress – course valuable to career progression – compliance with visa conditions – family and community ties with Chile –decision under review remitted for reconsideration

VJSG and Minister for Home Affairs (Migration) [2019] AATA 345 (25 January 2019); Deputy President P Britten-Jones

IMMIGRATION – Mandatory cancellation of visa – Request for revocation of cancellation – Character test – Substantial criminal record over long period – Sentence of imprisonment of 12 months or more– Protection of the Australian community – Best interests of minor children – Expectations of the Australian community – Domestic violence – Other considerations – Strong ties to Australia –Warning given as to consequences of re-offending – Decision under review affirmed.

VPKY and Minister for Home Affairs (Migration) [2019] AATA 352 (8 March 2019); The Hon M Groom, Senior Member

MIGRATION – substantial criminal record – drug trafficking – mandatory cancellation – Direction 79 –five year resident return visa – citizen of the United Kingdom – Applicant lived in Australia for 50 years – fails the character test – whether another reason the mandatory cancellation should be revoked – decision affirmed

VSGP and Minister for Home Affairs (Migration) [2019] AATA 334 (1 March 2019); Senior Member T Tavoularis

MIGRATION – non-revocation of mandatory cancellation of Refugee visa (class XB sub-class 200) –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 79 decision under review affirmed

1900181 (Migration) [2019] AATA 318 (14 January 2019); S Baker, Member

MIGRATION – Bridging E (Class WE) visa – Subclass 050 (Bridging (General)) – abide by conditions imposed on the visa – risk to the community – assaults and property damage charges – period in rehabilitiation – mental health issues – support mechanisms in the community – decision under review affirmed


Disclaimer: the above is a mere reproduction of a bulletin. The views there expressed might not reflect the views 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