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
Alsaad and Minister for Immigration and Border Protection (Citizenship) [2019] AATA 114 (8 February 2019); C Edwardes, Member
CITIZENSHIP – good character test – bogus documents – visa – inconsistency in information provided to department – false and misleading information – decision under review – character test satisfied
Migration
BIZCENTRAL COMMUNICATIONS PTY LTD (Migration) [2018] AATA 4745 (5 December 2018); C Burnett-Wake, Member
MIGRATION – nomination of an occupation (employer nomination) – position of Contract Administrator – genuine position – effect of the Amending Regulations on a nomination application made before 18 March 2018 – no application for a Subclass 457 visa – no prescribed criteria –decision under review affirmed
CHIUNDIZA (Migration) [2018] AATA 4749 (6 December 2018); J Cripps Watts, Member
MIGRATION – Distinguished Talent (Residence) (Class BX) visas – Subclass 858 (Distinguished Talent) – applicant over 55 years of age – internationally recognised record of exceptional and outstanding achievement in a profession – current prominence in the field of music therapy –prominent and important work – established business in Australia – exceptional benefit to the Australian community – decision under review remitted
Dang (Migration) [2019] AATA 102 (21 January 2019); J Meyer, Member
MIGRATION – Student (Temporary) (Class TU) – Subclass 570 (Independent ELCOS Sector) –genuine temporary entrant criteria – course changes – lack of academic progress – additional study not necessary to achieve business goals – use of visa program to extend stay – decision under review affirmed
Fiodorov and Minister for Home Affairs (Migration) [2019] AATA 117 (11 February 2019); Senior Member M Griffin QC
MIGRATION – decision not to revoke mandatory cancellation of visa – character test – substantial criminal record – Ministerial Direction no. 65 – primary and other considerations – decision under review affirmed
RWDX and Minister for Immigration and Border Protection (Migration) [2019] AATA 123 (12 February 2019); Deputy President Boyle
MIGRATION – Applicant has been convicted by a final judgment of a particularly serious crime –whether the Applicant is a danger to the Australian community – nature and seriousness of the crimes committed – length of sentences imposed – mitigating or aggravating factors – criminal history in totality – nature of the prior crimes – period over which the crimes took place – risk of re- offending/likelihood of relapsing into crime – prospects of rehabilitation – applicability of Direction no. 75 – decision under review affirmed
Tran and Minister for Home Affairs (Migration) [2019] AATA 125 (12 February 2019); Senior Member R Cameron
MIGRATION – Mandatory cancellation of visa – Whether to revoke cancellation – Where the Applicant does not pass the character test – Where the Applicant has a substantial criminal record –Whether there is another reason cancellation should be revoked – Consideration of Direction no. 65– Decision affirmed
Tran (Migration) [2018] AATA 4741 (6 December 2018); A Mendes Da Costa, Member
MIGRATION – Employer Nomination (Permanent) (Class EN) visas – Subclass 186 Employer Nomination Scheme – Temporary Residence Transition stream – position of Air Conditioning and Refrigeration Mechanic – nomination approved upon review – decision under review remitted
VASCONCELLOS DA SILVA (Migration) [2018] AATA 4742 (6 December 2018); J Cripps Watts, Member
MIGRATION – Distinguished Talent (Residence) (Class BX) visas – Subclass 858 (Distinguished Talent) – internationally recognised record of exceptional and outstanding achievement in the arts –tattoo artist specialising in tattooing for women with breast cancer – participation in professional and charitable events – established business in Australia – national and international profile as tattoo artist – decision under review remitted
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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