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
Correction – Please note the following decision appeared in last week’s bulletin, No.16 – 23 April 2019, with an incorrect citation and link. The correct version is set out below for your convenience.
Kuron and Minister for Home Affairs (Citizenship) [2019] AATA 747 (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
Migration
Correction – Please note the following decision appeared in last week’s bulletin, No.16 – 23 April 2019, with an incorrect citation and link. The correct version is set out below for your convenience.
RWXF and Minister for Immigration and Border Protection (Migration) [2019] AATA 749 (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
Subasinghe and Minister for Home Affairs (Migration) [2019] AATA 751 (24 April 2019); Deputy President Boyle
MIGRATION – Migration Act 1958 (Cth) – mandatory visa cancellation – s 501CA(4) – substantial criminal record – Direction 79 – protection of the Australian community – nature and seriousness of the conduct – the risk to the Australian community – nature of harm – expectations of the Australian community – strength, nature and duration of ties – extent of impediments if removed – decision under review affirmed
TGXY and Minister for Home Affairs (Migration) [2019] AATA 757 (24 April 2019); Mr T Eteuati, Member
MIGRATION – mandatory cancellation of applicant’s visa under s 501(3A) – Applicant failed to pass the character test – whether there is another reason why cancellation decision should be revoked – application of Direction No. 65 – how expectations of the Australian community are determined – decision affirmed
YKSB and Minister for Home Affairs (Migration) [2019] AATA 759 (24 April 2019); Senior Member T Tavoularis
MIGRATION – Non-revocation of mandatory cancellation of visa on character grounds – Class BF Transitional (Permanent) visa – where Applicant does not pass the character test – sentenced to 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
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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