AAT Bulletin Issue # 9 – 4 Mar 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

Anderson and Minister for Home Affairs (Citizenship) [2019] AATA 229 (25 February 2019); Professor R McCallum AO, Member

CITIZENSHIP – application for Australian citizenship by descent – refusal of citizenship – whether the applicant is of good character – providing false or misleading information –applicant holds a New Zealand citizenship – adoption – biological parents – deportation –use of fraudulent passport –member of a life and motorcycle club – subclass 444 temporary visa – enduring moral qualities –supply of amphetamine – indigenous ancestry – imprisonment – conviction – possession and cultivation of cannabis – visa cancellation – burglary – decision remitted

Butrus and Minister for Immigration and Border Protection (Citizenship) [2019] AATA 239 (28 February 2019); Senior Member C Puplick AM

CITIZENSHIP – citizenship test exemption – whether the applicant suffered from a permanent or enduring physical or mental incapacity – evidence of mental incapacity – tribunal not satisfied that there is evidence of mental incapacity – decision affirmed

Hamdan and Minister for Immigration and Border Protection (Citizenship) [2019] AATA 228 (25 February 2019); Dr L Bygrave, Member

CITIZENSHIP – application for citizenship by conferral – whether the Applicant satisfies the general eligibility requirements for Australian Citizenship – the Tribunal has no discretion to consider theApplicant’s circumstances or reasons for not successfully completing the citizenship test – the decision under review is affirmed

QSNT and Minister for Home Affairs (Citizenship) [2019] AATA 248 (22 February 2019); C Edwardes, Member

CITIZENSHIP – Myanmar refugee – application for citizenship refused – no birth certificate – born in rural village – whether Tribunal satisfied of identity – consideration of country information – identity satisfied

Ranasinghe and Minister for Immigration and Border Protection (Citizenship) [2019] AATA 227 (20 February 2019); Deputy President Boyle

CITIZENSHIP – Australian Citizenship Act 2007 (Cth) – whether the applicant meets the special residence requirement – s 22B(1)(b) – whether the applicant was engaged in that kind of work for a total of at least two years during the period of four years immediately before the day the person made the application – “that kind of work” – decision under review affirmed

Taleb and Minister for Home Affairs (Citizenship) [2019] AATA 244 (28 February 2019); Senior Member C Puplick AM

CITIZENSHIP – application for citizenship by conferral – return resident – unable to satisfy general residency requirement – overseas absences – ministerial discretion sought to consider administrative error – processing time – decision affirmed

Migration

Carter and Minister for Home Affairs (Migration) [2019] AATA 242 (27 February 2019); Deputy President The Hon. D Cowdroy OAM QC

MIGRATION – mandatory visa cancellation – character test – substantial criminal record – Direction No. 65 – best interests of minor children – other considerations – strength, nature and duration of ties to Australia – impact on family members – extent of impediments if removed – impact on victims –protection of Australian community – expectations of Australian community – unacceptable risk of harm – decision affirmed

CCYW and Minister for Home Affairs (Migration) [2019] AATA 241 (27 February 2019); T Eteuati, Member

MIGRATION – mandatory cancellation of applicant’s visa under s 501(3A) – Applicant failed to pass the character test – whether there is another reason why cancellation decision should be revoked – application of Direction No. 65 – decision affirmed

DGBK and Minister for Home Affairs (Migration) [2019] AATA 243 (27 February 2019); Senior Member A Nikolic AM CSC

MIGRATION – Mandatory visa cancellation – citizen of Afghanistan – Class XA Subclass 866 Protection visa – sexually-based offences against multiple minor children – failure to pass good character test – Ministerial Direction No. 65 applied – decision affirmed

NDDG and Minister for Home Affairs (Migration) [2019] AATA 250 (27 February 2019); Senior Member L Kirk

MIGRATION – Absorbed Persons visa – mandatory cancellation – failure to pass character test –Ministerial Direction No 65 – sustained pattern of offending – violent offences – multiple terms of imprisonment – risk to the Australian community – expectations of Australian community – strength, nature and duration of ties to Australia – strength, nature and duration of ties to Australia – extent of impediment if removed – best interest of minor children – decision affirmed

RZSN and Minister for Home Affairs (Migration) [2019] AATA 240 (27 February 2019); R West, Member

MIGRATION – mandatory cancellation of applicant’s visa – applicant has substantial criminal record and does not pass the character test – whether discretion to revoke mandatory cancellation should be exercised – primary considerations – protection of the Australian community from criminal or other serious conduct – best interests of the child – expectations of the Australian community – other considerations – decision under review affirmed.

Te Oka and Minister for Home Affairs (Migration) [2019] AATA 245 (27 February 2019); Deputy President The Hon. D Cowdroy OAM QC

MIGRATION – mandatory cancellation of visa – failure to pass character test – criminal record –whether the discretion to revoke the cancellation should be exercised – Direction No. 65 – primary considerations –- protection of the Australian community from criminal or other serious conduct –nature and seriousness of conduct – risk to the Australian community – best interests of minor children – expectations of the Australian community – other considerations – decision affirmed

WKGJ and Minister for Home Affairs (Migration) [2019] AATA 247 (26 February 2019); Senior Member T Tavoularis

MIGRATION – Refusal to grant a visa – Applicant is a citizen of Iran – Applicant applied for a Bridging visa – s 501 character test applied – Applicant does not pass character test in s 501(6) Migration Act 1958 (Cth) – whether discretion to refuse visa should be exercised – considerations in Direction No. 65 – whether considerations weigh in favour of refusing visa – decision under review affirmed

ZGWQ and Minister for Home Affairs (Migration) [2019] AATA 264 (1 March 2019); Dr L Bygrave, Member

MIGRATION – mandatory cancellation of visa – failure to pass character test – criminal record –whether the discretion to revoke the cancellation should be exercised – Direction No. 79 – primary considerations – protection of the Australian community from criminal or other serious conduct –nature and seriousness of conduct – risk to the Australian community – best interests of minor children – expectations of the Australian community – other considerations – decision affirmed


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