February 2019 The Review contains news about the AAT and summaries of decisions of interest. All issues of The Review are available on our website. New measures for small businessesThe AAT will have a new division from 1 March 2019. The Small Business Taxation Division (SBTD) is one of several Government measures designed to make the process of disputing an Australian Taxation Office (ATO) objection decision at the AAT easier, faster and cheaper for eligible small business taxpayers. SBTD applicants will have a case manager once they have applied to the AAT. They will also pay a reduced application fee. Small business taxation decisions will be finalised within an expedited turnaround time of 28 days from the date of a hearing at the AAT, unless other arrangements are made. Under the Small Business Concierge Service, administered by the Australian Small Business and Family Enterprise Ombudsman (ASBFEO), small business taxpayers who apply to the SBTD and do not have legal representation will be able to access one hour of legal advice, partly funded by the government, after they lodge their applications. The AAT is working closely with the ATO and ASBFEO to prepare for the launch of the new division. We have also consulted with stakeholders to develop a practice direction and related information that will inform the way the SBTD operates. More information is available in the announcement about the new measures. Improving digital accessibilityMore than 40,000 people visit our website every month. Many of these people are one-off applicants or people looking for more information about the AAT’s performance and active cases. We recently updated our website to improve online accessibility including with a new ‘help’ feature and useful quick links on the homepage. We are committed to continuously improving how we present information and would value your input. Please take the time to review our website and provide feedback. Videos about our role and processesIf you have ever found yourself wanting to know more about the AAT, the videos we have made available on our website are a quick and easy way to get the information you need. The videos cover topics such as applying for a review, attending a hearing or conference and the decision-making process. Each video is available in eight languages. These summaries are prepared by AAT staff to provide insight into the types of decisions we make and why the decisions are made. For the complete facts and reasons, please view the full written decisions on AustLII. Decision summaries are routinely uploaded to the AAT website. Below are the summaries uploaded over the last month. Child SupportSmithson and Smithson (Child support) [2018] AATA 4582 The AAT had to determine whether the child support payable from one parent to another should be changed because of the educational needs of one of their children and the income of one of the parents. Freedom of InformationFrancis and Australian Sports Anti-Doping Authority (Freedom of information) [2019] AATA 12 The applicant submitted a freedom of information application to the Australian Sports Anti-Doping Authority for certain details from the drug tests taken by players of Essendon Football Club during the 2012 supplements program controversy. The AAT affirmed the Australian Information Commissioner’s decision not to release the information. Migration and Refugee1614678 (Refugee) [2018] AATA 4645 The AAT affirmed the decision not to grant the applicants a Protection visa. The applicants, a husband and wife from India, applied for the visa on the basis of the wife’s claim that she feared harm from the Shiromani Akali Dal (SAD), a powerful ruling party of Punjab. The AAT did not find the applicant to be a credible witness, citing inconsistencies in her evidence. BOBADILLA ALARCON (Migration) [2018] AATA 4856 The AAT remitted the decision to refuse the applicant’s Distinguished Talent (Residence) (Class BX) Subclass 858 visa back to the Department. The AAT found the applicant had an internationally recognised record of exceptional and outstanding achievement in Brazilian Jiu Jitsu. Maksoud (Migration) [2018] AATA 4833 The AAT affirmed the decision to refuse the applicant’s Bridging E (Class WE) visa. The AAT was not satisfied the applicant would comply with the conditions set for the visa. Schofield (Migration) [2018] AATA 4828 The AAT affirmed the decision to cancel the applicant’s visa. The applicant, a citizen of New Zealand who had been in Australia for 50 years, was convicted of multiple offences and the AAT found that the seriousness of the offences and the risk to the health and safety of individuals in Australia outweighed the factors against cancellation of the visa. Section 501 - The character testWSML and Minister for Home Affairs (Migration) [2019] AATA 41 The AAT set aside the decision to cancel the applicant’s visa on character grounds. The applicant, who had numerous convictions, had strong ties to the Australian community, including indigenous heritage, and had shown signs of significant rehabilitation. TaxationMcMullen and Commissioner of Taxation (Taxation) [2018] AATA 4481 The AAT affirmed the Commissioner of Taxation’s decision to issue amended income tax assessments to the applicant for two income years. The issue in the matter was about a number of third party payments that the applicant received over the two financial years in question. The AAT Bulletin is a weekly publication containing information about recently published decisions and appeals against decisions in the AAT’s General, Freedom of Information, National Disability Insurance Scheme, Security, Taxation & Commercial and Veterans’ Appeals Divisions. The Bulletin also regularly includes a sample of decisions recently published in the AAT’s Migration & Refugee Division and Social Services & Child Support Division. What do you think? Write to us at Communications@aat.gov.au to provide editorial suggestions and feedback. |