AAT Bulletin Issue # 5 – 4 Feb 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

Ghalzai and Minister for Home Affairs (Citizenship) [2019] AATA 74 (31 January 2019); Senior Member C Puplick AM

CITIZENSHIP – application for citizenship refused – whether applicant had a parent who was an Australian citizen – polygamous marriage – decision under review set aside and remitted to the Respondent

Gjergji and Minister for Home Affairs (Citizenship) [2019] AATA 72 (30 January 2019); Deputy President G Humphries

CITIZENSHIP – application for Australian citizenship by conferral – whether Mr Gjergji is a person of good character for the purposes of s 21(2)(h) of the Australian Citizenship Act 2007 – decision set aside and remitted

Mkhwananzi and Minister for Immigration and Border Protection (Citizenship) [2019] AATA 67 (25 January 2019); Mr C Edwardes, Member

IMMIGRATION AND CITIZENSHIP – application for citizenship refused – production of documents – length of delay – prohibition to approve a person becoming an Australian citizen unless the Minister is satisfied of the identity and character of the person – whether Tribunal satisfied of identity and character of Applicant – decision affirmed

Nkali and Minister for Immigration and Border Protection (Citizenship) [2019] AATA 76 (24 January 2019); Senior Member A Poljak

CITIZENSHIP – application for Australian citizenship by conferral – general residence requirement – whether unlawful non-citizen – whether present in Australia as a permanent resident – application of Ministerial discretions – administrative error – decision affirmed

Migration

Da Silva and Minister for Home Affairs (Migration) [2019] AATA 68 (25 January 2019); Mrs JC Kelly, Senior Member

MIGRATION – Revocation of visa cancellation – failure to pass character test – previous criminal offences – whether there is another reason why visa cancellation should be revoked – Ministerial Direction No. 65 applied – primary considerations – protection of the Australian community – the nature and seriousness of conduct – risk to the Australian community should the non-citizen commit further offences or engage in other serious conduct – expectations of the Australian community – best interests of minor children – other considerations – strength, nature and duration of ties – extent of impediments if removed – decision under review set aside and a decision substituted

Singh and Minister for Home Affairs (Migration) [2019] AATA (30 January 2019); Senior Member R Cameron

MIGRATION – Visa cancellation – Indian national – failed character test – indecent act with children – child grooming – risk of reoffending – expectations of the Australian community – decision affirmed

YZXB and Minister for Home Affairs (Migration) [2019] AATA 69 (25 January 2019); Senior Member M Griffin QC

MIGRATION – Class XB Subclass 202 Global Special Humanitarian visa – mandatory cancellation – failure to pass the character test – Ministerial Direction No 65 – serious criminal conviction – risk to the Australian community – risk of reoffending – minimal risk – best interests of minor children – strength nature and duration of ties – impediment if removed – Iraq – non-refoulement obligations – decision 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