AAT Bulletin Issue # 4 – 29 Jan 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

Omara and Minister for Home Affairs (Citizenship) [2019] AATA 42 (23 January 2019); Senior Member C Puplick AM

CITIZENSHIP – application for citizenship – where applicant subject of good behaviour bond – Minister prohibited from approving citizenship application – inappropriate to adjourn matter until expiry of bond – no reasonable prospect of success – application dismissed

Dang and Minister for Home Affairs (Citizenship) [2019] AATA 32 (17 January 2019); Senior Member K Raif

CITIZENSHIP – eligibility – application for Australian citizenship by conferral – permanent resident – refusal of citizenship – unlawful non-citizen for a period of almost twelve years – whether the applicant is of good character – application unable to satisfy good character requirement – decision under review is affirmed

Citizenship

MNLR and Minister for Home Affairs (Migration) [2019] AATA 61 (25 January 2019); Senior Member T Tavoularis

MIGRATION – non-revocation of mandatory cancellation of Global Special Humanitarian visa (class XB sub-class 202) – expedited matter – where visa was cancelled under s 501(3A) – applicant does not pass character test – 12 month imprisonment – whether discretion in s 501CA to revoke mandatory cancellation should be exercised – considerations in Direction No 65 – consideration in Direction No 75 – applicant committed serious sexual offence – decision under review affirmed

NSBB and Minister for Home Affairs (Migration) [2019] AATA 59 (23 January 2019); Ms K Parker, Member

MIGRATION – applicant moved to Australia at the age of 21 and adopted false identity – obtained Australian passport on four occasions using false identity – remained in Australia unlawfully – married Fijian citizen using false identity – Fijian wife moved to Australia using applicant’s false identity, took up residence and became Australian citizen – applicant and wife raised two children in Australia now aged 17 and 26 – use of false identity discovered by authorities 28 years after applicant’s arrival in Australia – applicant convicted of four federal offences – applicant received a suspended four-month imprisonment term for each offence – whether there is a risk that the applicant will engage in criminal conduct in Australia – no history of other criminal offending – consideration of mitigating circumstances – protection of the Australian community – whether Australian community would expect refusal of visa application– best interests of applicant’s daughter who is a minor – impact on family members – applicant’s wife has health issues – applicant employed and paid taxes during majority of life in Australia and has not caused personal harm to others – decision set aside

Sam and Minister for Home Affairs (Migration) [2019] AATA 35 (18 January 2019); Deputy President J W Constance

MIGRATION – mandatory cancellation of visa – failure to pass character test – substantial criminal record – drug trafficking – whether the discretion to revoke the cancellation should be exercised – Direction No. 65 – primary considerations – protection of the Australian community from criminal or other serious conduct – nature and seriousness of conduct – risk to the Australian community – best interests of minor children – expectations of the Australian community – other considerations – strength, nature and duration of ties to Australia – impediments if removed from Australia – decision set aside

WSML and Minister for Home Affairs (Migration) [2019] AATA 41 (22 January 2019); Dr M Evans, Senior Member

MIGRATION – cancellation of visa – Applicant concedes he does not pass the character test – substantial criminal record – domestic violence – driving and traffic offences – Applicant living offence free in community for approximately three years and five months – Direction no. 65 – primary and other considerations – protection of the Australian community – best interests of minor children – expectations of the Australian community – nature and seriousness of criminal offending – risk of engaging in future criminal conduct – strength, nature and duration of ties to Australia – Applicant of Australian Aboriginal descent – Applicant also of Maori descent – extent of impediments if returned to New Zealand – effect of permanent cancellation of the Applicant’s visa – decision under review set aside and a new decision made in substitution for the decision so set aside


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