AAT Bulletin Issue # 18 – 6 May 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

Sedhom and Minister for Home Affairs (Citizenship) [2019] AATA 784 (2 May 2019); Senior Member K Raif

CITIZENSHIP – refusal of approval for Australian citizenship by conferral – whether the application for citizenship made by the applicant should be approved – general and special residence requirements – defence service requirement – decision under review affirmed

Migration

Basnet (Migration) [2019] AATA 729 (8 April 2019); JC Watts, Member

MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 – visa application not accompanied by evidence that applicant applied for Australian Federal Police check in the 12 months before making application – decision under review affirmed

F & C Vogels (Migration) [2019] AATA 725 (10 April 2019); K Synon, Member

MIGRATION – nomination – genuine position – Agricultural Technician – ANZSCO Code 311111 – Regional Australia – classification of role – Young Cattle Supervisor position aligns with Agricultural Technician – role classified correctly – decision under review set aside

Kalan and Minister for Home Affairs (Migration) [2019] AATA 787 (2 May 2019); Senior Member DJ Morris

MIGRATION – application for prospective marriage visa – application refused under s 501(1) of Migration Act – sponsor of Applicant seeks review of refusal decision – consideration of character test and powers of discretion in Act – can Tribunal go behind conviction when applicant convicted in absentia – ministerial Direction – primary considerations – other considerations – serious nature of conviction – reviewable decision affirmed

Liaquat (Migration) [2019] AATA 731 (9 April 2019); JC Watts, Member

MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 – IELTS test – applicant did not meet required English language proficiency – applicant did not hold passport of type specified – decision under review affirmed

LZTW and Minister for Home Affairs (Migration) [2019] AATA 779 (30 April 2019); Deputy President Boyle

MIGRATION – Migration Act 1958 (Cth) – s 501(3A) – 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 – bests interests of minor children – expectations of the Australian community – strength, nature and duration of ties – extent of impediments if removed to New Zealand – decision under review affirmed

Maharjan (Migration) [2019] AATA 737 (5 April 2019); K Malyon, Member

MIGRATION – Temporary Business Entry (Class UC) visa – Subclass 457 – standard business sponsor stream – applicant not subject of approved nomination – Federal Circuit Court remittal – nomination ceased – cook – Migration Amendment Reforms – issue with representatives – unique and exceptional circumstances – case referred to minister – decision under review affirmed

Ozzy Fortune Group Pty Ltd (Migration) [2019] AATA 735 (10 April 2019); R Skaros, Member

MIGRATION – nomination – Temporary Residence Transition stream – Program or Project Administrator – 511112 – financial capacity of applicant to employ nominee full-time for two years – evidence of financial capacity provided – decision under review set aside

QQYJ and Minister for Home Affairs (Migration) [2019] AATA 770 (2 April 2019); Mr T Eteuati, Member

MIGRATION – refusal of application for Bridging visa under section 501(1) – Applicant failed to pass the character test under section 501(6)(d)(i) – whether the discretion to refuse to grant the Bridging visa should be exercised – application of Direction No. 79 – decision under review set aside and remitted for reconsideration

XMBQ and Minister for Home Affairs (Migration) [2019] AATA 785 (9 April 2019); The Hon. Matthew Groom, Senior Member

MIGRATION – mandatory cancellation under s 501(3A) of the Migration Act – applicant convicted of sexually based offences involving a child – applicant has a substantial criminal record – applicant fails character test – whether another reason why the mandatory cancellation should be revoked – Direction 79 – nature and seriousness of the offending – risk of reoffending linked to risk of relapse into alcohol dependency – concerns about protection of the Australian community – expectations of the Australian community – international non-refoulement obligations – applicant liable to be repatriated to Somalia – applicant faces significant impediments if removed – acquired brain injury – mental health conditions – overall balance weighs in favour of revocation – decision 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