AAT Bulletin Issue # 20 – 20 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

Gorbunkova and Minister for Home Affairs (Citizenship) [2019] AATA 853 (13 May 2019); C Edwardes, Member and S Barton, Member

CITIZENSHIP – refusal of application for Australian citizenship by conferral – general residence requirement – application of Ministerial discretion – whether close and continuing association with Australia – whether migrated to and established home in Australia – Australian citizen children – extended family in Australia – long term relationship with Australian citizen spouse – decision affirmed

Migration

Leau and Minister for Home Affairs (Migration) [2019] AATA 843 (13 May 2019); The Hon. Dennis Cowdroy OAM QC, Deputy President

MIGRATION – mandatory visa cancellation – failure to pass character test – TY Subclass 444 Special Category (Temporary) Visa – New Zealand citizen – extensive criminal record – repeated violent offending – common assault – domestic violence – aggravated break and enter – drive without licence – fail to appear in accordance with bail undertaking – destroy or damage property – stalk/intimidate – primary considerations – protection of Australian community from criminal or other serious conduct – nature and seriousness of conduct – best interests of minor children – expectations of Australian community – risk to the Australian community – other considerations – strength, nature and duration of ties to Australia – extent of impediments if removed – decision affirmed

Lee and Minister for Home Affairs (Migration) [2019] AATA 871 (15 May 2019); Senior Member K Raif

MIGRATION – Class BS Subclass 801 Partner visa – mandatory visa cancellation – non-revocation – failure to pass the character test – Ministerial Direction No. 79 – substantial criminal record – trafficking, possession and importation of a commercial quantity of prohibited drugs – use of prohibited drugs and alcohol – supply of prohibited drugs – gambling – drink driving offences – primary considerations – protection of the Australian community – expectations of the Australian community – best interests of minor children – strength nature and duration of ties – hardship in the event of removal – Singapore – decision affirmed

Maksoud and Minister for Home Affairs (Migration) [2019] AATA 825 (10 May 2019); The Hon. D Cowdroy OAM QC, Deputy President

MIGRATION – refusal of visa under s 501(1) – whether the applicant passes the character test – past and present general conduct – disregard for the laws of Australia – whether to exercise discretion to refuse visa – Ministerial Direction No. 79 – protection of the Australian Community – expectation of the Australian Community – non-refoulment obligations – decision affirmed

MQGT and Minister for Home Affairs (Migration) [2019] AATA 874 (14 May 2019); Senior Member T Tavoularis

MIGRATION – Non-revocation of mandatory cancellation of visa on character grounds – Class XB, Subclass 202 Global Special Humanitarian visa – where Applicant did 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 – application of Primary and Other Considerations in Direction No 79 – whether there is a claim which may give rise to international non-refoulement obligations – consideration of Direction No 75 – decision under review affirmed

TBNM and Minister for Home Affairs (Migration) [2019] AATA 850 (7 May 2019); Senior Member DJ Morris

MIGRATION – mandatory cancellation of a visa – consideration of discretion exercisable under s 501 of Migration Act – Ministerial Direction No. 79 – primary considerations – sexual offending against minor – other considerations – decision not to revoke the mandatory cancellation of the visa affirmed

TVVT and Minister for Home Affairs (Migration) [2019] AATA 824 (6 May 2019); Mr A. Maryniak QC, Member

MIGRATION – application for revocation of mandatory cancellation of visa – where applicant fails the character test – where substantial criminal record under Migration Act 1958 – consideration of Ministerial Direction – other reason why mandatory cancellation decision should be revoked – decision set aside and substituted for decision revoking mandatory cancellation of visa

WRFG and Minister for Home Affairs (Migration) [2019] AATA 916 (12 April 2019); Deputy President P Britten-Jones

MIGRATION – mandatory cancellation of applicant’s visa – applicant has substantial criminal record – serious offending against women – whether discretion to revoke mandatory cancellation should be exercised – primary considerations – other considerations – non-refoulement obligations – 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