AAT Bulletin Issue # 11 – 18 March 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

Fettayleh and Minister for Immigration and Border Protection (Citizenship) [2019] AATA 397 (14 March 2019); Senior Member C Puplick AM

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

Hamid and Minister for Home Affairs (Citizenship) [2019] AATA 382 (13 March 2019); Senior Member Chris Puplick AM

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

Migration

HMLR and Minister for Home Affairs (Migration) [2019] AATA 398 (14 March 2019); Deputy President The Hon. D Cowdroy OAM QC

MIGRATION – mandatory visa cancellation – TY Subclass 444 Special Category (Temporary) Visa – New Zealand – extensive criminal record – juvenile offending – repeated violent offending – protection of Australian community – best interests of minor children – expectations of Australian community – further offences committed following notification of mandatory cancellation – strength, nature and duration of ties – extent of impediments if removed – decision affirmed

Margach and Minister for Home Affairs (Migration) [2019] AATA 353 (5 March 2019); Deputy President S A Forgie

MIGRATION – application for revocation of mandatory cancellation of visa – where applicant fails the character test – where substantial criminal record under Migration Act 1958 – risk of reoffending – other reason why cancellation decision should be revoked – decision set aside and substituted for decision revoking mandatory cancellation of visa

Varley and Minister for Home Affairs (Migration) [2019] AATA 376 (1 March 2019); Dr M Evans, Senior Member

MIGRATION – decision of delegate of Minister not to revoke mandatory cancellation of visa – character test – substantial criminal record – five convictions for intent to procure a person believed to be under 16 years for sexual activity – intent to expose a person believed to be under 16 to indecent matter – Applicant placed advertisement for ‘young teens’ on web site – Direction no. 79 – effect of the Minister’s removal of “minors” as examples of vulnerable members of the community in 13.1.1(c) of Direction no. 79 – primary and other considerations – protection of the Australian community – nature and seriousness of criminal offending – risk to the Australian community – expectations of the Australian community – strength, nature and duration of ties to Australia – extent of impediments if returned to United Kingdom – reviewable decision affirmed

VCBP and Minister for Home Affairs (Migration) [2019] AATA 337 (6 March 2019); Senior Member D. J. Morris

MIGRATION – mandatory cancellation of visa – term of imprisonment exceeding 12 months – character test – new ministerial Direction No. 79 commences after hearing but before decision – new Direction applies – primary considerations – other considerations – any other reasons – previous cancellation of visa revoked – decision affirmed

Woods and Minister for Home Affairs (Migration) [2019] AATA 369 (12 March 2019); Mr A Maryniak QC, Member

MIGRATION – request for revocation of mandatory cancellation of Applicant’s visa – Applicant has substantial criminal record and does not pass character test – discretion to revoke mandatory cancellation – primary considerations – protection of the Australian community from criminal or other serious conduct – expectations of Australian community – other considerations – strength, nature and duration of ties – impact on victims – decision under review affirmed


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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