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
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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