AAT Bulletin Issue # 49 – 17 Dec 2018

The latest AAT Bulletin contains references to several migration review decisions

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

Downing and Minister for Home Affairs (Migration) [2018] AATA 4592 (12 December 2018); S Burford, Member

Migration – decision not to revoke mandatory cancellation of visa – two-day rule – character test – substantial criminal record – methylamphetamine – Ministerial 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 – impact on Australian business interests – extent of impediments if returned to United Kingdom – decision under review affirmed

HWYY and Minister for Home Affairs (Migration) [2018] AATA 4602 (13 December 2018); Dr M Evans, Senior Member

Migration – decision not to revoke mandatory cancellation of visa – character test – substantial criminal record – Ministerial Direction no. 65 – primary and other considerations – international non- refoulement obligations – 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 in Australia since three months old and has not returned to New Zealand – extent of impediments if returned to New Zealand – decision under review affirmed

KLKN and Minister for Home Affairs (Migration) [2018] AATA 4603 (14 December 2018); Dr M Evans, Senior Member

MIGRATION – decision of delegate of Minister not to revoke mandatory cancellation of visa – character test – substantial criminal record – Ministerial Direction no. 65 – primary and other considerations – international non-refoulement obligations – 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 – extent of impediments if returned to South Sudan – convictions as a juvenile – whether Applicant stateless – two-day rule – decision under review affirmed

RKHW and Minister for Home Affairs (Migration) [2018] AATA 4577 (11 December 2018); The Hon. M Groom, Senior Member

MIGRATION – mandatory cancellation of visa – applicant has substantial criminal record and does not pass character test – whether discretion to revoke mandatory cancellation should be exercised – persistent breaches of family violence intervention orders – drug related offences – best interest of minor children – strong ties to Australia – 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