AAT Bulletin Issue # 21 – 27 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

Guillen Manzanilla and Minister for Home Affairs (Citizenship) [2019] AATA 962 (22 May 2019); Senior Member K Raif

CITIZENSHIP – application for Australian citizenship by conferral – general residence requirement – where applicant spouse of Australian citizen – where applicant has two Australian citizen children – where applicant had extended periods of absence from Australia in four years immediately before the citizenship application – where applicant was not present in Australia as a permanent resident for the period of 12 months immediately before the citizenship application – ministerial discretion to treat periods overseas as a period in which the applicant was present in Australia as a permanent resident – whether close and continuing association with Australia during period of absence – where applicant had established a home in Australia prior to travelling overseas – where applicant’s intention was to reside in Australia – decision set aside and remitted

Tannoury and Minister for Home Affairs (Citizenship) [2019] AATA 966 (23 May 2019); Senior Member A Poljak

CITIZENSHIP – where citizenship application refused – whether applicant of good character – drug related offences – firearms offences – driving offences – whether reasonable period of time has passed to establish a pattern of good behaviour – insufficient passage of time to establish pattern of good behaviour – decision affirmed

Migration

GJJF and Minister for Home Affairs (Migration) [2019] AATA 930 (17 May 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 affirmed

GYNF and Minister for Home Affairs (Migration) [2019] AATA 959 (21 May 2019); Mr A Maryniak QC, Member

refusal of visa under s501(1) – where applicant fails the character test – sexually – based offences involving a child – Ministerial Direction No. 79 – protection on the Australian community – impact on family members – expectations of the Australian community – decision under review set aside and substituted

KLQF and Minister for Home Affairs (Migration) [2019] AATA 933 (16 May 2019); Mr T Eteuati, Member

MIGRATION – mandatory cancellation of Applicant’s visa under s 501(3A) – Applicant failed to pass the character test – whether there is another reason why cancellation decision should be revoked – application of Direction No. 79 – consideration of Australia’s international non-refoulement obligations – decision affirmed

Gutierrez Martinez and Minister for Home Affairs (Migration) [2019] AATA 955 (20 May 2019); Senior Member C Puplick AM

MIGRATION – whether to revoke the mandatory cancellation of a visa – applicant does not pass the character test – other reason to revoke cancellation – Ministerial Direction No. 79 – protection of the Australian community – risk of reoffending – expectation of the Australian community – best interests of minor children – when to consider non-refoulement obligations – Honduras – impediments to removal – genuine fear of consequences of return – strength of ties – impact on victims – domestic violence – decision set aside and substituted

Lum and Minister for Home Affairs (Migration) [2019] AATA 935 (17 May 2019); Senior Member T Tavoularis

MIGRATION – Non-revocation of mandatory cancellation of visa on character grounds – Class TY Subclass 444 Special Category (Temporary) visa – where Applicant does not pass the character test – sentenced to 12 months’ full time imprisonment – whether there is another reason why the mandatory cancellation decision should be revoked – application of Primary and Other Considerations in Direction No 79 – decision under review affirmed

Sheik and Minister for Home Affairs (Migration) [2019] AATA 961 (22 May 2019); Senior Member DJ Morris

MIGRATION – mandatory cancellation of visa – applicant sentenced to prison sentence exceeding twelve months – sexual offences – ministerial direction No. 79 – primary considerations – other considerations – any other reason – 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