AAT Bulletin Issue # 24 – 17 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

Sahar and Minister for Home Affairs (Citizenship) [2019] AATA 1232 (7 June 2019); Senior Member L Kirk

CITIZENSHIP – citizenship test exemption – whether applicant suffers from a permanent or enduring mental incapacity – medical evidence considered – chronic conditions – applicant diagnosed with Post Traumatic Stress Disorder and Depressive Disorder – causal connection established between the applicant’s mental incapacity and his inability to demonstrate a basic knowledge of the English language – decision under review set aside and substituted

Migration

Dayal and Minister for Home Affairs (Migration) [2019] AATA 1235 (11 June 2019); Senior Member T Tavoularis

MIGRATION – non-revocation of mandatory cancellation of visa – expedited matter – Resident Return visa – where visa was cancelled under s 501(3A) because Applicant did not pass the character test and was serving a full-time term of imprisonment – whether discretion in s 501CA to revoke mandatory visa cancellation should be exercised – considerations in Direction No 79 – risk of re-offending – risk of harm to Australian community – minor children – expectations of Australian community – strength duration and nature of ties – decision under review affirmed

FTDN and Minister for Home Affairs (Migration) [2019] AATA 1301 (16 May 2019); Ms S Burford, Member

MIGRATION – decision of delegate of Minister not to revoke mandatory cancellation of visa –– Australia Direction no. 79 – weighing up of primary and other considerations – protection of the Australian community – nature and seriousness of criminal offending – risk to the Australian community – best interests of minor children – expectations of the Australian community – strength, nature and duration of ties to Australia – extent of impediments if returned to Vietnam – reviewable decision affirmed

KMXK and Minister for Home Affairs (Migration) [2019] AATA 1234 (11 June 2019); Senior Member BJ Illingworth

MIGRATION – mandatory cancellation of applicant’s visa – applicant has substantial criminal record – whether discretion to revoke mandatory cancellation should be exercised – primary considerations – other considerations – decision under review affirmed

Lemalu and Minister for Home Affairs (Migration) [2019] AATA 1237 (11 June 2019); Mr T Eteuati, Member

MIGRATION – mandatory cancellation of visa on character grounds under s 501(3A) – Applicant failed to pass the character test – whether there is any other reason to revoke the mandatory cancellation of the Applicant’s visa – considerations in Direction 79 – decision under review 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

ZBMD and Minister for Home Affairs [2019] AATA 1278 (13 June 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 children – expectations of the Australian community – strength, nature and duration of ties to Australia – extent of impediments if returned to Philippines when Applicant has voluntarily returned – reviewable 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