AAT Bulletin Issue # 23 – 11 June 2019

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


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