AAT Bulletin Issue # 16 – 23 Apr 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

Al-Khalidi and Minister for Home Affairs (Citizenship) [2019] AATA 700 (12 April 2019); Senior Member C Puplick AM

Citizenship – citizenship by conferral – general residence requirement – spouse of Australian citizen – spousal discretion – whether applicant had close and continuing association with Australia during periods of absence from Australia in relevant period – decision under review affirmed

Jarusheh and Minister for Home Affairs (Citizenship) [2019] AATA 711 (12 April 2019); Senior Member C Puplick AM

CITIZENSHIP – citizenship test exemption – whether the applicant suffered from a permanent or enduring physical or mental incapacity – evidence of mental incapacity – tribunal not satisfied that there is evidence of mental incapacity – decision affirmed

JLKJ and Minister for Immigration and Border Protection (Citizenship) [2019] AATA 716 (17 April 2019); Mr C Edwardes, Member

CITIZENSHIP – Afghanistan refugee – application for citizenship refused – bogus driver’s licence – whether Tribunal satisfied of identity and good character – consideration of country information – good character test – decision under review – decision affirmed

Kuron and Minister for Home Affairs (Citizenship) [2019] AATA 1330 (17 April 2019); Ms A Burke AO, Member

CITIZENSHIP – refusal of approval for Australian citizenship by conferral – whether the applicant is not of good character – whether the application for citizenship made by the applicant should be approved – decision under review set aside

Mohammadi and Minister for Immigration and Border Protection (Citizenship) [2019] AATA 702 (12 April 2019); Dr P McDermott RFD, Deputy President

CITIZENSHIP – permanent resident – application for Australian citizenship – notice of approval to cancel approval for citizenship – cancelled on character grounds – whether the applicant was of good character – the making of false statements – decision under review affirmed

Migration

Harris and Minister for Home Affairs (Migration) [2019] ATTA 718 (17 April 2019); Mr C Edwardes, Member

MIGRATION – application for visitor short stay visa – battery conviction – whether decision –maker is to exercise discretion to refuse the grant of a visa – whether the applicant is of good character – future conduct s 501(6)(d)(i) – Direction 79 – decision set aside and remitted with direction

MXFR and Minister for Home Affairs (Migration) [2019] ATTA 705 (5 April 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

QYFM and Minister for Home Affairs (Migration) [2019] ATTA 717 (16 April 2019); Senior Member T Tavoularis

MIGRATION – NON REVOCATION OF MANDATORY CANCELLATION OF VISA ON CHARACTER GROUNDS – Class BC Subclass 100 (Partner) visa – where Applicant does not pass the character test – more than 12 months’ imprisonment or more – whether there is any other reason to revoke the mandatory cancellation of the Applicant’s visa – considerations in Direction 79 – Decision under review affirmed

RWXF and Minister for Home Affairs (Migration) [2019] ATTA 1614 (18 April 2019); Senior Member M Griffin QC

MIGRATION – visa refusal – Bridging E (Class WE) visa – character test – where applicant has substantial criminal record – where applicant’s conduct in detention reflects adversely on character – whether risk of applicant engaging in criminal conduct in Australia – protection of the Australian community from criminal or other serious conduct – the best interests of minor children – expectations of the Australian community – other considerations – where international non-foulement obligations not relevant to proceedings – decision affirmed

Toki and Minister for Home Affairs (Migration) [2019] ATTA 742 (17 April 2019); Member S Burford

MIGRATION – decision of delegate of Minister not to revoke mandatory cancellation of visa – capacity of Tribunal to go behind conviction – character test – substantial criminal record – Applicant convicted of unlawful assault – bodily harm against women in a short time period after arriving in – Australia Direction no. 79 – weighing up of 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 New Zealand – reviewable decision affirmed

Tuimalatu and Minister for Home Affairs (Migration) [2019] ATTA 719 (18 April 2019); Senior Member D. J. Morris, Senior Member C. J. Furnell

MIGRATION – mandatory cancellation of visa – consideration of Direction No. 79 – primary considerations – other considerations – any other matter – context of the offending and whether trend of increasing seriousness of violent offending – reviewable decision set aside and new decision substituted


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