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
Chan and Minister for Immigration and Border Protection (Citizenship) [2019] AATA 21 (16 January 2019); Senior Member C Puplick AM
CITIZENSHIP – application for citizenship refused – whether applicant had a parent who was an Australian citizen – decision under review set aside and remitted to the respondent
Migration
BNNN and Minister for Home Affairs (Migration) [2019] AATA 27 (14 January 2019); Senior Member T Tavoularis
MIGRATION – non-revocation of mandatory cancellation of visa – expedited matter – Refugee visa – where visa was cancelled under s 501(3A) because Applicant did not pass the character test and was serving a full-time term of imprisonment – whether discretion in s 501CA to revoke mandatory visa cancellation should be exercised – considerations in Direction No 65 – decision under review affirmed
GKKS and Minister for Home Affairs (Migration) [2019] AATA 34 (15 January 2019); Senior Member B Stefaniak AM RFD
MIGRATION – mandatory visa cancellation – Refugee visa – failure to pass character test – substantial criminal record – Ministerial Direction no. 65 applied – whether another reason why cancellation decision should be revoked – protection of the Australian community – community expectation – Australian ties – Interim Domestic Violence Order – decision set aside and substituted – Bridging visa – allege sexual assault – risk of engaging in criminal conduct in Australia
Letchford and Minister for Home Affairs (Migration) [2019] AATA 26 (14 January 2019); Senior Member DJ Morris
MIGRATION – visa applicant – applicant fails character test under s 501(1) of Migration Act – sexual offending – other offending – discretion exercised on previous occasion to revoke mandatory cancellation of visa – subsequent offending – consideration of ministerial Direction – decision affirmed
PBPZ and Minister for Home Affairs (Migration) [2019] AATA 18 (14 January 2019); Senior Member R Cameron
MIGRATION – Mandatory cancellation of visa – Whether the mandatory cancellation should be revoked – Consideration of Ministerial Direction no. 65 – Decision set aside and remitted
Sadruga and Minister for Home Affairs (Migration) [2019] AATA 4787 (14 January 2019); Senior Member A Nikolic AM CSC
MIGRATION – visa refusal – failure to pass the character test – criminal history between 1995 and 2017 – convictions for violent offences – prolonged immigration misconduct – Protection of the Australian Community and Expectations of the Australian community outweigh other considerations weighing in favour of visa approval – 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