AAT Bulletin Issue # 48 – 10 Dec 2018

The latest AAT Bulletin contains references to several migration and citizenship review decisions

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

Citizenship

Duffy and Minister for Immigration and Border Protection (Citizenship) [2018] AATA 4476 (1 November 2018); Mrs JC Kelly, Senior Member

CITIZENSHIP – refusal of citizenship – Applicant will be spending significant period outside of Australia – whether Applicant is likely to reside or continue to reside in Australia – whether Applicant is likely to maintain a close and continuing association with Australia – Applicant has spent lengthy periods in Australia and has developed close ties – set aside and remitted

Waraich and Minister for Immigration and Border Protection (Citizenship) [2018] AATA 4524 (5 December 2018); Dr D Cremean, Senior Member

CITIZENSHIP – decision to refuse application for citizenship by conferral – good character test – convictions for false and misleading statement – public interest – decision set aside and substituted

Migration

BBFD and Minister for Home Affairs (Migration) [2018] AATA 4479 (3 December 2018); Senior Member T Tavoularis

MIGRATION – refusal of protection visa pursuant to s 501(1) – applicant does not pass the character test – considerations in Ministerial Direction N0. 65 – whether there is another reason for the discretion to refuse to grant the visa to not be applied – offences committed in New Zealand – offences committed in Australia – decision under review affirmed

Karan and Minister for Home Affairs (Migration) [2018] AATA 4480 (4 December 2018); Senior Member C Puplick AM

MIGRATION – visa refusal – character test – criminal record – multiple offences – violence offence – threatening offence – dishonesty offences – drug offences – traffic offences – property offences – primary and other considerations under Ministerial Direction No. 65 – protection of the Australian community – best interests of minor children in Australia – expectations of the Australian community – other considerations – ties to Australia – extent of impediments if removed – affirmed

ToTK and Minister for Home Affairs (Migration) [2018] AATA 4483 (3 December 2018); Senior Member Mr PW Taylor SC

IMMIGRATION AND CITIZENSHIP – mandatory visa cancellation – Refugee visa – failure to pass character test – substantial criminal record – Ministerial Direction no. 65 applied – whether another reason why cancellation decision should be revoked – protection of the Australian community – community expectation – Australian ties – whether applicant will face hardship upon return to home country – risk of persecution on the basis of religion – likelihood of indefinite immigration detention – decision set aside and substituted

 


Disclaimer: the above is a mere reproduction of a bulletin. 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