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
Ahmadzai and Minister for Home Affairs (Citizenship) [2019] AATA 669 (11 April 2019); Senior Member K Raif
CITIZENSHIP – refusal to grant Australian Citizenship by conferral – applicant has limited understanding of English language – section 21(3) of Australian Citizenship Act – whether applicant had permanent or enduring physical or mental incapacity – whether not capable of understanding the nature of the application – whether not capable of demonstrating a basic knowledge of English –whether no capable of demonstrating an adequate knowledge of Australia and of the responsibilities and privileges of citizenship – decision affirmed
Hameed and Minister for Home Affairs (Citizenship) [2019] AATA 675 (11 February 2019); R West, Member
CITIZENSHIP – Application for citizenship by descent – review of refusal decision – whether the applicant had an Australian citizen parent at time of birth – not biological parents – extendedmeaning of ‘parent’ – test not satisfied – decision affirmed
Kivalu and Minister for Home Affairs (Citizenship) [2018] AATA 5156 (17 August 2018); Deputy President I Hanger AM QC
AUSTRALIAN CITIZENSHIP – adoptive mother – cultural adoption – birth certificate – Bridging Visa E – legal adoption – biological parent – ordinary meaning of the word “parent” – parent’s conductbefore and at the time of birth
Wang and Minister for Home Affairs (Citizenship) [2019] AATA 665 (5 April 2019); Senior Member C Puplick AM
CITIZENSHIP – application for Australian citizenship – citizenship by conferral – character requirement – decision under review set aside
Migration
Di Stefano and Minister for Home Affairs (Migration) [2019] AATA 677 (12 April 2019); Dr M Evans, Senior Member
MIGRATION – decision of delegate of Minister not to revoke mandatory cancellation of visa –character test – substantial criminal record – Applicant convicted of approximately 70 offences over a 30 year period – 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 –Applicant has resided in Australia for approximately 38 years – extent of impediments if returned to Italy – reviewable decision affirmed
DMSB and Minister for Home Affairs (Migration) [2019] AATA 679 (15 March 2019); K Parker, Member
MIGRATION – application for review of decision to refuse protection visa on character grounds –Sudanese citizen – previous finding that Australia owes protection obligations to applicant – applicant lawfully present in Australia for last 20 years on successive bridging visas awaiting processing of visa application – applicant committed drug-related and other offences – applicant diagnosed with psychological condition – effects of drug addiction – applicant does not pass character test – whether discretion should be exercised to refuse visa application under s 501(1) of the Migration Act 1958 (Cth) – expectations of Australian community – protection of Australian community – likelihood of relapse and reoffending – nature of harm – existence of protective factors that did not exist previously – reliance upon expert evidence by psychiatrist – decision set aside
GZCK and Minister for Home Affairs (Migration) [2019] AATA 656 (5 April 2019); Mr A Maryniak QC, Member
Migration – protection visa – refugee – whether the Applicant committed war crimes – whether the Applicant was a member of the LTTE – whether witness is credible – whether witness is reliable –misleading government officials – international law – Sri Lanka – Refugee Convention – Rome Statute – decision affirmed
Lumanovski and Minister for Home Affairs (Migration) [2019] AATA 681 (13 February 2019); Ms A Burke AO, Member
MIGRATION – visa refusal – applicant is a citizen of the Former Yugoslav Republic of Macedonia (FYROM) – applicant applied for a Bridging visa – applicant does not pass character test in s 501(6) of the Migration Act 1958 – applicant not of good character on account of criminal conduct – whether discretion to refuse visa should be exercised – applicant does not present unacceptable risk of re- offending – impact on family and business interest – decision under review set
Ma’afu and Minister for Home Affairs (Migration) [2019] AATA 684 (9 April 2019); Senior Member T Tavoularis
MIGRATION – REVOCATION OF MANDATORY CANCELLATION OF VISA ON CHARACTER GROUNDS – expedited matter – applicant failed to pass the character test – sentenced to 12months’ imprisonment or more – whether there is any other reason to revoke the mandatorycancellation of the Applicant’s visa – considerations in Direction 79 – decision under review set aside and substituted
PKBV and Minister for Home Affairs (Migration) [2019] AATA 683 (9 April 2019); Deputy President The Hon. Dennis Cowdroy OAM QC
MIGRATION – mandatory cancellation of visa – failure to pass character test – criminal record –whether the discretion to revoke the cancellation should be exercised – Direction No. 79 – primary considerations – protection of the Australian community from criminal or other serious conduct –nature and seriousness of conduct – risk to the Australian community – best interests of minor children – expectations of the Australian community – other considerations – decision 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