AAT Bulletin Issue # 3 – 21 Jan 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:


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


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

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

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