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
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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