AAT Bulletin Issue # 14 – 8 April 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

NRHM and Minister for Home Affairs (Citizenship) [2019] AATA 639 (4 April 2019); Ms A Burke AO, Member

CITIZENSHIP – whether applicant met the general residence requirement at the time she applied for Australian citizenship – Australian spouse and child – whether the applicant is likely to reside, or to continue to reside, in Australia or to maintain a close and continuing relation with Australia if citizenship application were to be approved – decision under review affirmed

Yas and Minister for Home Affairs (Citizenship) [2019] AATA 629 (3 April 2019); Mr C Edwardes, Member

CITIZENSHIP – whether Applicant of good character – meaning of good character – conviction for operating business illegally – enduring moral qualities – Australian values – Applicant found not to be of good character at time that the Minister made decision – decision under review is affirmed

Migration

CHJK and Minister for Home Affairs (Migration) [2019] AATA 584 (28 March 2019); Deputy President The Hon. D Cowdroy OAM QC

MIGRATION – mandatory visa cancellation – character test – substantial criminal record – Direction No 79 – whether the discretion to revoke the cancellation should be exercised – 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 – other considerations – strength, nature and duration of ties to Australia – impact on family members – extent of impediments if removed – expectations of Australian community – non- refoulment – decision affirmed

Durham and Minister for Home Affairs (Migration) [2019] AATA 645 (3 April 2019); Senior Member T Tavoularis

MIGRATION – NON-RECOVATION OF MANDATORY CANCELLATION OF VISA ON CHARACTER GROUNDS – expedited matter – Class TY Subclass 444 Special Category (Temporary) visa – where applicant does not pass the character test – more than 12 months’ imprisonment – whether discretion to revoke mandatory cancellation should be exercised – considerations in Direction 79 – decision under review affirmed

Eteuati and Minister for Home Affairs (Migration) [2019] AATA 578 (27 February 2019); Deputy President A G Melick AO SC

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 set aside and substituted

GKQK and Minister for Home Affairs (Migration) [2019] AATA (28 March 2019); Senior Member T Tavoularis

MIGRATION – NON-REVOCATION OF MANDATORY CANCELLATION OF VISA ON CHARACTER GROUNDS – expedited matter – Class CD Resolution of Status Visa – where visa was mandatorily cancelled and cancellation was not revoked – where Applicant does not pass character test – whether discretion to revoke mandatory cancellation should be exercised – considerations in Direction 79 – decision under review affirmed

HRVD and Minister for Home Affairs (Migration) [2019] AATA 637 (3 April 2019); Senior Member R Cameron

MIGRATION – refusal of visa application – failed character test – risk of reoffending – expectations of the Australian community – best interests of children in Australia – impact on immediate family – decision set aside and remitted

JFSQ and Minister for Home Affairs (Migration) [2019] AATA 616 (2 April 2019); Deputy President G Humphries AO and Mr W Frost, Member

MIGRATION – application for revocation of mandatory cancellation of visa – where applicant fails the character test – where substantial criminal record under Migration Act 1958 – risk of reoffending – whether there is other reason why cancellation decision should be revoked – best interests of minor children – whether Australia’s non-refoulement obligations are engaged – decision under review affirmed

Nathanson and Minister for Home Affairs (Migration) [2019] AATA 642 (4 April 2019); S Burford, Member

MIGRATION – Migration Act 1958 (Cth) – Mandatory visa cancellation – s 501CA(4) – Direction no. 79 – primary and other considerations – protection of the Australian community – best interests of minor children – expectations of the Australian community – other considerations – strength, nature and duration of ties – extent of impediments if removed to New Zealand – weight to be given to the primary and other considerations – decision under review affirmed

PQSM and Minister for Home Affairs (Migration) [2019] AATA 603 (28 March 2019); Deputy President Boyle

MIGRATION – Migration Act 1958 (Cth) – Mandatory visa cancellation – s 501CA(4) – sexually based offence involving a child – Direction 79 – primary and other considerations – protection of the Australian community – best interests of minor children – expectations of the Australian community – extensive criminal record – other considerations – Australia’s non-refoulement obligations – strength, nature and duration of ties – extent of impediments if removed – weight to be given to the primary and other considerations – decision under review affirmed

SWWC and Minister for Home Affairs (Migration) [2019] AATA 586 (29 March 2019); Senior Member K Millar

MIGRATION – mandatory cancellation of applicant’s visa – applicant has substantial criminal record – whether discretion to revoke mandatory cancellation should be exercised – primary considerations – other considerations – decision under review affirmed

Uasi and Minister for Home Affairs (Migration) [2019] AATA 638 (2 April 2019); Senior Member T Tavoularis

MIGRATION – NON-REVOCATION OF MANDATORY CANCELLATION OF VISA ON CHARACTER GROUNDS – expedited matter – Class BB Subclass 155 Five Year Resident Return Visa – Where Applicant does not pass the character test – 12 months’ imprisonment or more – Whether discretion to revoke cancellation of visa is applied – Considerations in Direction 79 – Whether there is any other reason to revoke the cancellation of the Applicant’s visa – Decision under review affirmed

Vu and Minister for Home Affairs (Migration) [2019] AATA 635 (4 April 2019); Senior Member K Raif

MIGRATION – cancellation of visa under s501 – resident return visa (RRV) – applicant doesn’t pass character test – substantial criminal record – applicant sentenced to a term of imprisonment of 12 months or more – protection of the Australian community – best interests of minor children – expectations of the Australian community – other considerations – strength, nature and duration of ties to Australia – Ministerial Direction No. 65 – Ministerial Direction No. 79 – nature and seriousness of conduct – supply of prohibited drug – shoplifting – common assault – drive with middle range PCA – protection of the Australian community – decision affirmed

Vural and Minister for Home Affairs (Migration) [2019] AATA 579 (29 March 2019); Senior Member D. J. Morris

MIGRATION – Mandatory cancellation of Applicant’s visa – applicant fails character test – Direction No. 79 – any other reasons to revoke mandatory cancellation – primary considerations – other considerations – any other matter – previous warnings from department about migration status being affected by further offending – reviewable decision affirmed

Ward and Minister for Home Affairs (Migration) [2019] AATA 581 (29 March 2019); Senior Member B J Illingworth

MIGRATION – mandatory cancellation of applicant’s visa – applicant has substantial criminal record – whether discretion to revoke mandatory cancellation should be exercised – primary considerations – other considerations – decision under review affirmed

Wekerle and Minister for Home Affairs (Migration) [2019] AATA 630 (3 April 2019); Senior Member A Nikolic AM CSC

MIGRATION – Mandatory cancellation of TY Subclass 444 Special Category (Temporary) Visa – substantial criminal record – repeated violent offending – request for revocation of visa cancellation – failure to pass character test – Ministerial Direction No. 79 applied – protection of Australian community – best interests of minor children – expectations of Australian community – strength, nature and duration of ties – extent of impediments if removed – 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