AAT Bulletin Issue # 45 – 19 Nov 2018

AAT Bulletin Issue # 45 – 19 Nov 2018

The latest AAT Bulletin contains references to the following migration and citizenship review decisions:

Citizenship

Gjura and Minister for Home Affairs (Citizenship) [2018] AATA 4222 (13 November 2018); Ms DK Grigg, Member

CITIZENSHIP – refusal of approval to grant citizenship – whether satisfied of applicant’s identity – applicant’s purported use of two different identities – decision under review affirmed

Navab Esfahani and Minister for Immigration and Border Protection (Citizenship) [2018] AATA 4221 (13 November 2018); Senior Member K Raif

CITIZENSHIP – application for Australian citizenship by conferral – application refused – whether the applicant is of good character – assault occasioning actual bodily harm – stalking – common assault – providing false or misleading information – failure to disclose convictions – length of time since applicant committed offences – whether applicant shows genuine remorse – decision affirmed

Traboulsi and Minister for Home Affairs (Citizenship) [2018] AATA 4253 (15 November 2018); Senior Member C Puplick AM

CITIZENSHIP – refusal – whether applicant of good character – criminal record – possession of prohibited drug – domestic violence – stalk/intimidate intend fear of physical/mental harm – damage property – use carriage service to menace/ harass/ offend – assault occasioning actual bodily harm – whether applicant of good character – meaning of good character – seriousness of offence – acceptance of responsibility – steps taken to remediate behaviour – time elapsed since return to community – enduring moral qualities – likelihood of reoffending – application remitted with direction

WMJK and Minister for Immigration and Border Protection (Citizenship) [2018] AATA 4255 (15 November 2018); Senior Member A Poljak

CITIZENSHIP – application for Australian citizenship – whether applicant of good character – number of false representations – non-disclosure – decision affirmed

Migration

Paerau and Minister for Home Affairs (Migration) [2018] AATA 4257 (15 November 2018); Senior Member T Tavoularis

MIGRATION – refusal of application for a bridging visa – expedited matter – where grant of visa refused under s 501(1) because Applicant did not pass the character test and was serving a full-time term of imprisonment – whether discretion in s 501(1) to refuse to grant a visa should be exercised – considerations in Direction No 65 – decision under review affirmed

Tala and Minister for Home Affairs (Migration) [2018] AATA 4207 (12 November 2018); Senior Member Chris Puplick AM

MIGRATION – revocation of visa cancellation – Ministerial Direction No. 65 applied – primary considerations considered – protection of the Australian community – best interests of minor children – expectations of the Australian community – other considerations – International non-refoulement obligations – strength, nature and duration of ties – Impact on Australian business interests – impact on victims – extent of impediments if removed – decision under review affirmed

Tran and Minister for Home Affairs (Migration) [2018] AATA 4214 (9 November 2018); Senior Member M Griffin QC

MIGRATION – Revocation of visa cancellation – Applicant failed to pass the character test – whether there is another reason why the decision-maker should exercise its discretion to revoke the original visa cancellation decision – Ministerial Direction No. 65 applied – primary considerations – protection of Australian community from criminal or other serious conduct – best interests of minor children in Australia – expectations of Australian community – other considerations – strength, nature and duration of ties to Australia – extent of impediments if removed – health considerations of Applicant’s wife – decision under review affirmed

XDJD and Minister for Immigration and Border Protection (Migration) [2018] AATA 4226 (5 November 2018); Senior Member R Cameron

MIGRATION – mandatory cancellation of applicant’s visa – applicant has substantial criminal record and does not pass the character test – whether discretion to revoke mandatory cancellation should be exercised – serious criminal offending – offences involving violence – risk of harm if applicant re- offends – unacceptable risk of applicant reoffending – where Australian community would expect non-revocation – remitted from the Federal Court of Australia – decision affirmed

 


Disclaimer: the above is a mere reproduction of a website. The views expressed in those documents might not reflect the view 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