AAT Bulletin Issue # 7 – 18 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

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


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