The latest AAT Bulletin contains references to citizenship & migration review decisions
The latest AAT Bulletin contains references to the following citizenship and migration review decisions:
Citizenship
VFWQ and Minister for Home Affairs (Citizenship) [2019] AATA 1096 (31 May 2019); C Edwardes, Member CITIZENSHIP – whether Applicant of good character – meaning of good character – traffic conviction – ASIO assessment – enduring moral qualities – Australian values – Applicant found not to be of good character at time that the Minister made decision – decision under review is affirmed
Migration
Chung (Migration) [2019] AATA 949 (11 April 2019); A Mendes Da Costa, Member MIGRATION – Distinguished Talent (Residence) (Class BX) visas – Subclass 858 (Distinguished Talent) – internationally recognised record of exceptional and outstanding achievement in the sport of breakdancing – outstanding record as breakdancing competitor, trainer and judge – recently competing in international events – judge at international events – still prominent in the field – decision under review remitted
1701829 (Migration) [2019] AATA 857 (12 April 2019); Deputy President J Redfern (Presiding) and Dr C Huntly, Member MIGRATION – Refugee and Humanitarian (Refugee) (Class XB) (Subclass 200) visa – cancellation of visa under s 109 of the Migration Act 1958 – whether incorrect information provided in visa application – information related to the applicant’s marital and relationship status – non-compliance not established – decision set aside and substituted
Bhagwati Redcliffe Pty Ltd (Migration) [2019] AATA 1075 (15 May 2019); I Berry, Member MIGRATION – Nomination – genuine position – customer service manager – organisational restructure – role now has more responsibility – decision under review set aside
AUS FOODS UNIT TRUST (Migration) [2019] AATA 1076 (14 May 2019); W Stooke, Member MIGRATION – Nomination – Temporary Residence Transition nomination stream – tasks and duties not match occupation – Skill Level 2 Retail Manager – role similar to Skill Level 4 Retail Supervisor – higher-level functions undertaken by business owner – decision under review affirmed
Yassa (Migration) [2019] AATA 1078 (20 May 2019); C Kannis, Member MIGRATION – Visitor (Class FA) visa – Subclass 600 (Visitor) – Tourist stream – stay in Australia more than 12 consecutive months – further visa requested – requires medical attention from Australian citizen children – pre-existing medical conditions – used carers in Egypt – no exceptional circumstances – decision under review affirmed
SALMA (Migration) [2019] AATA 1085 (21 May 2019); K McNamara, Member MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 – Temporary Graduate (PostStudy Work) stream – health criteria not met – secondary applicant – assessed for period of one year six months – significant cost of provision of health care or community services for temporary visa – decision under review affirmed
SAMUEL (Migration) [2019] AATA 1079 (22 May 2019); K Raif, Senior Member MIGRATION – Skilled Independent (Permanent) visa – Subclass 189 Skilled-Independent – points test – Telecommunications Network Engineer – more evidence provided – employment was in nominated occupation or a closely related occupation – achieved requisite score – decision under review remitted
McCutcheon and Minister for Home Affairs (Migration) [2019] AATA 932 (20 May 2019); The Hon. M Groom, Senior Member MIGRATION – mandatory cancellation – whether mandatory cancellation should be revoked – Ministerial Direction 79 – serious criminal offending – rape – false imprisonment – mental health – citizen of the United Kingdom – long-term resident – decision affirmed
QPRD and Minister for Home Affairs (Migration) [2019] AATA 1098 (30 May 2019); Senior Member T Tavoularis MIGRATION – Non-revocation of mandatory cancellation of visa – Class BF Transitional (Permanent) visa – Where Applicant does not pass the character test – sentenced to 12 months’ full time imprisonment or more – 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
Stacey and Minister for Home Affairs (Migration) [2019] AATA 1073 (22 May 2019); Dr M Evans, Senior Member MIGRATION – decision of delegate of Minister not to revoke mandatory cancellation of visa – character test – substantial criminal record – child sex offences – Direction no. 79 – primary and other considerations – protection of the Australian community – nature and seriousness of criminal offending – risk to the Australian community – best interests of minor grandson – expectations of the Australian community – strength, nature and duration of ties to Australia – extent of impediments if returned to United Kingdom – reviewable decision affirmed
YVTG and Minister for Home Affairs (Migration) [2019] AATA 934 (17 May 2019); The Hon. M Groom, Senior Member MIGRATION – mandatory cancellation of visa – applicant does not pass character test – substantial criminal history – whether discretion to revoke mandatory cancellation should be exercised – drug dependency – intellectual disability – legal and administrative guardian – risk of reoffending – no family connections in Australia–- overall balance weighs in favour of revocation – 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