AAT Bulletin Issue # 26 – 1 July 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

Khaled and Minister for Immigration and Border Protection (Citizenship) [2019] AATA 1412 (26 June 2019); Senior Member M Griffin QC

CITIZENSHIP – refusal of application for citizenship by conferral – where Applicant has a permanent or enduring physical or mental incapacity – where insufficient evidence of permanent or enduring physical incapacity – where substantial evidence of permanent or enduring mental incapacity – where no causal connection between Applicant’s incapacity and incapacities listed at paragraph 21(3)(d) of the Australian Citizenship Act 2007 (Cth) – decision affirmed

Singh and Minister for Immigration and Border Protection (Citizenship) [2019] AATA 1406 (24 June 2019); Senior Member R Pintos-Lopez

CITIZENSHIP – application for citizenship by conferral – where citizenship application refused – good character requirement – driving offences – drink driving – driving whilst disqualified – property damage – minor traffic infringements – whether applicant of good character – mental and moral qualities – applicant’s failure to disclose certain offences on application for citizenship – applicant’s untruthfulness in witness statement – applicant’s history of offending – applicant not of good character – decision affirmed

Migration

De Ruyter and Minister for Home Affairs (Migration) [2019] AATA 1392 (21 June 2019); Senior Member A Nikolic AM CSC

MIGRATION – Mandatory visa cancellation – citizen of New Zealand – Class TY Subclass 444 Special Category visa – violent and serious criminal offending – failure to pass good character test – whether another reason why the mandatory visa cancellation should be revoked – Ministerial Direction No. 79 applied – decision affirmed

GCRM and Minister for Home Affairs (Migration) [2019] AATA 1394 (24 June 2019); Senior Member B J 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

Ghazaryan and Minister for Home Affairs (Migration) [2019] AATA 1514 (27 June 2019); Senior Member A Nikolic AM CSC

MIGRATION – Mandatory visa cancellation – citizen of Armenia – Class BC Subclass 100 Partner Visa – failure to pass character test – Ministerial Direction No. 79 applied – decision under review affirmed

Hopkins and Minister for Home Affairs (Migration) [2019] AATA 1393 (24 June 2019); Senior Member D J Morris

MIGRATION – applicant was holder of Class BF Transitional (Permanent) visa – mandatory cancellation – visa cancelled following conviction carrying sentence for more than 12 months – failure to pass character test – history and nature of criminal offending – supply of prohibited drug – consideration of ministerial Direction No. 79 – primary considerations – other considerations – balancing exercise – previous visa warning – reviewable decision affirmed

McMahon and Minister for Home Affairs (Migration) [2019] AATA 1532 (26 June 2019); Senior Member T Tavoularis

MIGRATION – non-revocation of mandatory cancellation of visa – non-expedited matter – special category TY 444 visa – where visa was cancelled under s 501(3A) because Applicant had a substantial criminal record and was serving a full-time term of imprisonment – whether discretion in s 501CA to revoke mandatory cancellation should be exercised – considerations in Direction No 79 – risk of re-offending – risk of harm to Australian community – best interests of minor children – expectations of Australian community – decision under review affirmed

Pinder and Minister for Home Affairs (Migration) [2019] AATA 1398 (21 June 2019); Deputy President Boyle

MIGRATION – Migration Act 1958 (Cth) – mandatory visa cancellation – s 501CA(4) – Direction 79 – protection of the Australian community – nature and seriousness of the conduct – the risk to the Australian community – nature of harm – expectations of the Australian community – strength, nature and duration of ties – extent of impediments if removed – 24 years since last offence – best interests of minor children – decision under review set aside and substituted

Read and Minister for Home Affairs (Migration) [2019] AATA 1404 (25 June 2019); Senior Member D J Morris

MIGRATION – mandatory cancellation of Class TY Subclass 444 Special Category (Temporary) visa – failure to pass the character test – whether there is another reason why the cancellation decision should be revoked pursuant to section 501CA(4)(b)(ii) of the Migration Act 1958 – Ministerial Direction No. 79 applied – primary considerations – protection of the Australian community from criminal or other serious conduct – expectations of the Australian community – other considerations – strength, nature and duration of ties to Australia – extent of impediments if removed – reviewable decision set aside and substituted

ZKYX and Minister for Home Affairs (Migration) [2019] AATA 1414 (5 June 2019); Senior Member B J Illingworth

MIGRATION – refusal to grant a visa – s 501 character test applied – whether discretion to refuse visa should be exercised – considerations in Direction 79 – whether considerations weigh in favour of refusing visa – 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