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
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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