AAT Bulletin Issue # 17 – 29 April 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

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


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