AAT Bulletin Issue # 12 – 25 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

Atiya and Minister for Home Affairs (Citizenship) [2019] AATA 415 (18 March 2019); Senior Member C Puplick AM

CITIZENSHIP – citizenship test exemption – whether the applicant suffered from a permanent or enduring physical or mental incapacity – decision set aside

Migration

BOLLAM (Migration) [2019] AATA 466 (11 February 2019); H Kroger, Member

MIGRATION – cancellation – Student (Temporary) (Class TU) visa – Subclass 573 Higher Education Sector – enrolment in a registered Higher Education course – applicant ceased studying – applicant’s family’s temporary financial hardship – medical condition affecting ability to communicate – applicant sought course deferment – decision under review set aside

Pushparaj (Migration) [2019] AATA 387 (14 February 2019); K Raif, Senior Member

MIGRATION – cancellation – Skilled (Provisional) (Class VF) visas – Subclass 476 (Skilled –Recognised Graduate) – providing fraudulent documents and incorrect answers with visa application– provisional certificates issued by the applicant’s university – Australian university approved support for business plans – conducting scientific research of benefit to a regional area – decision under review set aside

Kocak (Migration) [2019] AATA 481 (4 March 2019); M Brophy, Member

MIGRATION – Visitor (Class FA) visa – subclass 600 (Visitor) – Tourist stream – exceptional circumstances for further visa grant – staying in Australia consecutively for more than 12 months – husband’s medical condition – inability to travel – decision under review remitted

CHENG (Migration) [2019] AATA 447 (5 March 2019); J Cripps Watts, Member

MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) – Post- Study Work stream – undertaken two academic years (or 92 weeks) study in Australia – completed Master of Professional Accounting (Extension), CRICOS code 055635K – 104 weeks’ duration –delegate assessed incorrect course of shorter duration – subjects completed in unfinished Master of International Business course credited to final course – Australian study requirement 6 months preceding date of visa application satisfied – Decision under review remitted

Chow (Migration) [2019] AATA 497 (7 March 2019); S Lee, Member

MIGRATION – Business skills (Residence)(Class DF) visa – Subclass 892 – multiple applicants –issue of which applicant seeks to satisfy the primary criteria – department decision – primary applicant not in Australia for the requisite time during the two years immediately prior to the visa application – primary applicant outside Australia at time of review application – secondary applicant appeared at review – not the family member of a person holding Subclass 892 visa – decision under review affirmed

DKDR and Minister for Home Affairs (Migration) [2019] AATA 412 (7 March 2019); Mr T Eteuati, Member

MIGRATION – cancellation of applicant’s visa under s 501(2) – applicant failed to pass the character test – whether to exercise the discretion to cancel the applicant’s visa – application of Direction No. 79 – decision set aside

Ali and Minister for Home Affairs (Migration) [2019] AATA 417 (13 March 2019); Senior Member T Tavoularis

MIGRATION – non-revocation of mandatory cancellation of Class BS Subclass 201 Partner (Residence) visa – expedited matter – where visa was cancelled under s 501(3A) – applicant does not pass character test – whether discretion in s 501CA to revoke mandatory cancellation should be exercised – considerations in Direction No 79 – decision under review affirmed

HPZB and Minister for Home Affairs (Migration) [2019] AATA 439 (13 March 2019); Senior Member R Pintos-Lopez

MIGRATION – temporary protection visa refusal – failure to pass the character test – whether discretion to refuse visa should be exercised – protection and expectations of the Australian community – risk of reoffending – international non-refoulement obligations – decision under review 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