AAT Bulletin Issue # 2 – 14 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:

Citizenship

Ahamod and Minister for Immigration and Border Protection (Citizenship) [2019] AATA 7 (8 January 2019); Senior Member BJ Illingworth

CITIZENSHIP – application for citizenship by conferral – application for citizenship refused – whether Tribunal satisfied as to identity – inconsistency in evidence – credibility – threshold requirement not met – decision under review affirmed

Hammoud and Minister for Home Affairs (Citizenship) [2018] AATA 4752 (11 December 2018); Senior Member K Raif

CITIZENSHIP – application for Australian citizenship by conferral – permanent resident – refusal of citizenship – good character – criminal conviction – domestic violence – application of Citizenship Policy – decision affirmed

Kazemy and Minister for Home Affairs (Citizenship) [2018] AATA 4728 (14 November 2018); Mrs JC Kelly, Senior Member

CITIZENSHIP – refusal of citizenship – delegate not satisfied that Applicant was of good character as required by section 21(2)(h) of the Australian Citizenship Act 2007 (Cth) – Applicant convicted of “behave in offensive manner in a public place or school” – Applicant’s oral evidence inconsistent with contemporaneous police evidence – Tribunal affirms reviewable decision

Kola and Minister for Immigration and Border Protection (Citizenship) [2019] AATA 9 (9 January 2019); Mr A Maryniak QC, Member

CITIZENSHIP – failure of character test – property offences – drug offences – dishonesty offences – decision affirmed

Migration

VFQY and Minister for Home Affairs (Migration) [2019] AATA 11 (9 January 2019); Mr A Maryniak QC, Member

MIGRATION – mandatory cancellation of applicant’s visa under s 501(3A) – applicant concedes he does not pass the character test – substantial criminal record – applicant sentenced to more than 12 months imprisonment – whether discretion to revoke mandatory cancellation should be exercised – protection of the Australian community – risk of reoffending – expectations of the Australian community – significant and positive family ties to Australia – extent of impediments if removed to the United Kingdom – decision set aside and substituted


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